The other day I was in Whole Foods, watching a woman in the produce aisle. She was clearly engaged in a deep internal debate. “Organic avocados or not? They are so expensive. Does it matter?” And of course I, ever the eavesdropper and butter-in-of-conversations, leaned over and told her it didn’t. What? The author of “Life in the Green Lane” actually told someone *not* to buy organic? Well, the truth is, it’s pretty darn expensive to go 100% organic.

EPA is delivering on Administrator Lisa Jackson’s claim that “EPA is back on the job” by doubling its enforcement priorities, and matching that with its largest proposed enforcement budget in history. Enforcement priorities are set every three years. The current list of priorities for FY2008-2010 totals 8, and includes air toxics, New Source Review, CAFOs, combined sewer discharges, and mineral processing. In January, EPA adopted its enforcement priorities for FY2011-2013. The new list includes the 8 priorities from the previous list, and adds 8 more: Environmental Justice; Pesticides at Day Care Facilities; Worker Protection Standards; Resource Extraction; Resource Conservation and… Read more

On April 20, 2010, an explosion on an offshore oil rig located in the Gulf of Mexico, the Deepwater Horizon, resulted in the presumed deaths of 11 missing men. The rig’s eventual collapse resulted in the estimated release of up to 5,000 barrels of oil per day. The oil spill reached the southern Louisiana shore late last week and (as of press time) could reach the Mississippi River delta by Thursday night. Although the extent of the environmental and economic damage remains to be compiled, the impact of the Deepwater Horizon spill could exceed that of the 11 million gallons… Read more

Two weeks ago you might not have even known oil was being drilled off the coast of New Orleans. Or you knew, but you didn’t think much about it except when weather issues put a significant dent in your gas bill. And you probably knew who British Petroleum was, but a company named “Transocean” had not crossed your mind. Not anymore. On April 20, 2010, an explosion on the Deepwater Horizon, an offshore oil rig located in the Gulf of Mexico left 11 people missing (and presumed dead) and resulted in 5,000 barrels of oil (or more) being dumped into the… Read more

Under the so-called “work product” doctrine, documents prepared in anticipation of litigation are usually privileged and cannot be seen by the opposing party. However, documents that are prepared for some business purpose other than anticipation of litigation are not covered, and can be seen by the opposing party. A recent decision by the Georgia Court of Appeals may make certain internal investigations discoverable in certain situations. In the case of Alta Refrigeration, Inc. v. AmeriCold Logistics, LLC, 301 Ga. App. 738 (2010), the Court ruled that an internal accident investigation was not privileged, and was therefore discoverable by the opposing… Read more

Ahh Earth Day. The world is abuzz with all the things individuals are doing, or can do, to preserve + save the environment. And what am I doing? Out cleaning a park or spreading the good word about new organic restaurants? Not quite. I wish! No, I’m clicking through Christie’s “A Bid to Save the Earth” auction with proceeds going to, well, save the earth. Read the complete blog on Womenetics.com:  http://womenetics.com/expert-blogs/-living-green/2010/04/a-bid-to-save-the-earth-lets-do-something-fun/

EPA is proposing to add 16 chemicals to the Toxics Release Inventory (TRI) list of reportable chemicals, the first expansion of the program in more than ten years. The TRI is a publicly available database that contains information on toxic chemical releases and waste management activities reported annually by certain industries and federal facilities. The database currently has information from 22,000 industrial facilities on nearly 650 chemicals and chemical groups. EPA has concluded, based on a review of available studies, that the proposed chemicals could cause cancer in humans. The proposal is part of EPA Administrator Lisa Jackson’s ongoing efforts… Read more

April is Earth Month. And although there are a ton of celebrations around the city, I prefer to look at things on an individual level – like which fashion designer is using recycled materials, which chef has started a composting pile, that sort of thing. Or, in the case of Mark Friedman, running 11 miles a day to raise awareness about the environment and money for a charity to protect it.

The U.S. Environmental Protection Agency (“EPA”) is proposing to revoke a January 2009 rule that changed the way existing industrial facilities combine upcoming construction projects to determine if Clean Air Act permits are needed. The 2009 rule directed facilities and permitting authorities to combine emissions from construction projects only when the changes are “substantially related.” Following a petition to reconsider the 2009 rule, the EPA is proposing to revoke its January 2009 rule out of concern that last year’s changes would make the agency’s New Source Review permitting program less effective and actually allow facilities to increase emissions without a… Read more

A ruling last month by the U.S. District Court for the Northern District of Illinois should cause companies to employ caution in leasing equipment to operators where the manufacturing activities may release hazardous materials into the environment. In the case of United States v. Saporito, No. 07-CV-3169 (N.D. Ill., 2/9/10), the Court found liability under the Superfund law for a party that owned electroplating equipment that was leased to another entity to operate in an electroplating operation. Saporito did not own the manufacturing facility or the land on which it was located; he just owned the electroplating equipment which was… Read more