Mondaq USA: Environment
For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards.
The Boston City Council has recently approved an ordinance requiring building owners to report annual energy and water use.
The U.S. Court of Appeals for the D.C. Circuit has recently overturned the United States District Court for the District of Columbia’s ruling in the case of Mingo Logan Coal Company v. United States Environmental Protection Agency.
Yesterday, Governor Jerry Brown’s office announced his intention to propose "updates" to Proposition 65 supposedly designed to make the law less susceptible to the widespread abuses by plaintiffs’ lawyers suffered by those who do business in California.
On Tuesday, MassDEP announced release of its updated Solid Waste Master Plan, subtitled "Pathway to Zero Waste."
Under EPA's Renewable Fuel Standard program, a specified volume of renewable fuels must be used for transportation fuel, home heating oil, and/or jet fuel in the U.S. each year.
The California Air Resources Board held its second auction of greenhouse gas allowances on February 19, 2013.
On March 26, 2013, a coalition of environmental groups petitioned the Pipeline Hazardous Materials Safety Administration and the U.S. Environmental Protection Agency to initiate rulemaking to address pipeline safety and spill response risks related to the transportation of diluted bitumen.
The RE-Powering America's Land Initiative encourages the placement of renewable energy facilities on contaminated and remediated sites.
It may be time for our federal courts to rethink their reluctance to accept major environmental claims that the courts of other countries are simply not yet able to handle.
The U.S. Environmental Protection Agency has published a proposed rule entitled Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction.
Last week, I attended the April meeting of the Delaware Valley Regional Planning Commission's Environmental Justice Work Group. DVRPC staff presented an overview of its updated comprehensive plan, Connections 2040, which contained eye-opening information that is relevant to developers throughout the Delaware Valley.
Last week, the European Parliament rejected a proposal to reduce the quantity of greenhouse gas (GHG) emissions allowances in order to fix a supply-demand imbalance in the European Union Emissions Trading System (EU ETS).
In a decision that should not have come as a surprise to anyone, the 9th Circuit Court of Appeals ruled on Thursday, in "Conservation Northwest v. Sherman", that the Bureau of Land Management and other agencies implementing the Northwest Forest Plan could not amend the NFP.
California's cap-and-trade program mandates that certain covered entities acquire allowances for each metric ton of greenhouse gas (GHG) they emit during specified compliance periods.
After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment.
Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating industry, last revised in 1982.
On April 19, 2013, EPA released the proposed "Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category" (Steam Electric ELG). The proposed Steam Electric ELG would revise the existing technology-based effluent limitations guidelines [40 CFR 423] for most steam electric power plants and their discharges to U.S. waters or POTWs.
On April 16, the U.S. Environmental Protection Agency ("EPA") released two new draft vapor intrusion guidance documents for public comment.
The 196-page VI Guidance will be applicable to Comprehensive Environmental Response, Compensation and Liability Act, Resource Conservation and Recovery Act and brownfield grant sites.
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Recent developments have highlighted the risk of hiring an outside consultant to work on a project without an enforceable confidentiality agreement in place.
The European Union Emissions Trading System faced serious international opposition in 2012 for seeking to include carbon emissions from flights into and out of the EU under the ETS regulatory umbrella.
Over the years, the pollution exclusion in commercial general liability policies has provided something of a moving target for insureds, insurers, and underwriters.
After Hurricane Irene and Superstorm Sandycaused extensive property damage to businesses in 2011 and 2012, commercial policyholders looked to their insurance policies to cover the losses they sustained.
It may be time for our federal courts to rethink their reluctance to accept major environmental claims that the courts of other countries are simply not yet able to handle.
On April 23, 2013, the D.C. Circuit ruled that the Environmental Protection Agency (EPA) has the power under the Clean Water Act (CWA) to retroactively veto a section 404 dredge and fill permit "whenever" it makes a determination about certain adverse effects, even years after the U.S. Army Corps of Engineers (Corps) has granted the permit to an applicant.
The U.S. Environmental Protection Agency has published a proposed rule entitled Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction.
Many jurisdictions have announced that they plan to more actively pursue natural resource damages from potentially responsible parties deemed liable under CERCLA or Superfund.
Electronics recyclers have always had to deal with uncertainty and change in their industry, which can come from any number of sources.
On April 19, 2013, EPA released the proposed "Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category" (Steam Electric ELG). The proposed Steam Electric ELG would revise the existing technology-based effluent limitations guidelines [40 CFR 423] for most steam electric power plants and their discharges to U.S. waters or POTWs.






