Searching Content indexed under Waste Management by Seth Jaffe ordered by Published Date Descending.
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Reason Number 42,659 For Putting A Price On Carbon
I don't work in the oil and gas industry. This lede from Bloomberg Environment (subscription required) may not be news to anyone in the industry, but it absolutely blew me away:
United States
30 Apr 2019
Disposing Of Coal Combustion Residuals Just Got Much More Expensive ó At Least In North Carolina!
On Monday, the North Carolina Department of Environmental Quality issued determinations with respect to six Duke Energy coal plants.
United States
16 Apr 2019
Bad Superfund Judging ó Like, Saints/Rams Bad
I hold the attorneys for the State of Ohio responsible for this travesty.
United States
11 Feb 2019
How Wrong Does A District Court Have To Be To Abuse Its Discretion?
The 9th Circuit Court of Appeals has reversed a District Court decision allocating 100% of CERCLA response costs at a San Diego Superfund site to TDY Holdings, which operated an aeronautical manufacturing plant...
United States
18 Oct 2017
Real Superfund Reform Would Not Place It At the Center Of EPA's Core Mission
First, the report and Pruitt's memo about it repeat the claptrap about restoring "the Superfund program to its rightful place at the center of the agency's core mission."
United States
23 Aug 2017
Superfund Reform, Part 2: Giving Credit Where Credit Is Due
Last week, I offered less than fulsome praise of EPA Administrator Pruitt's announcement that he was taking control of remedial decisions for big Superfund sites.
United States
1 Jun 2017
EPA Has A Nondiscretionary Duty To Review West Virginia's Failure To Submit TMDLs
Acting in response to state legislation, the West Virginia Department of Environmental Protection ceased work on promulgation of total
United States
1 Mar 2017
If You Don't Like Nukes, Petition Congress: The D.C. Circuit Affirms The NRC's GEIR On Nuclear Waste Storage
The D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission's Generic Environmental Impact Statement analyzing the impacts of continued on-site storage of spent nuclear fuel.
United States
10 Jun 2016
Complaints Are Not Totally Meaningless: A CERCLA Plaintiff Must Allege Disposal Against A Former Owner
I know it may surprise some litigators, but occasionally the allegations in a complaint do matter. I know it may surprise some litigators, but occasionally the allegations in a complaint do matter.
United States
9 Mar 2016
Determining An Intent To Dispose Under CERCLA Remains A Puzzlement
Determining when a person has "arranged" for the disposal of a hazardous substance has long been difficult.
United States
17 Dec 2015
EPA To Rename OSWER: How About "The Office That Should Be Eliminated As Soon As Possible"?
According to the Daily Environment Report (subscription required), EPA is going to change the name of the Office of Solid Waste and Emergency Response to the Office of Land and Emergency Management
United States
4 Nov 2015
RCRA Still Poses Some Interpretive Problems (To Put It Gently)
In a potentially significant opinion last week, in Little Hocking Water Association v. DuPont, Judge Algenon Marbley gave hope to citizen plaintiffs everywhere...
United States
25 Mar 2015
A Federal Court Rules That Increased Conductivity Impairs A Stream ó How Shocking!
On Tuesday, Chief Judge Robert Chambers ruled that Fola Coal Company violated the Clean Water Act by discharging mine waste with sufficiently high levels of conductivity to cause or materially contribute to impairment of Stillhouse Branch.
United States
6 Feb 2015
CCRs Dodge A Hazardous Waste Bullet: EPA Regulates Under RCRA Subtitle D
Facility owners breathed a sigh of relief, as EPA chose to regulate under Subtitle D of RCRA, rather than under the cradle-to-grave provisions of Subtitle C.
United States
7 Jan 2015
CERCLA Preempts Local Cleanup Bylaws; PRPs Everywhere Breath A Sigh Of Relief
In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws.
United States
26 Sep 2014
NPDES Permits Are Construed Narrowly Against The Permittee
This week, the 9th Circuit Court of Appeals rejected the defendants' arguments that periodic discharges of coal from their coal-loading facility were authorized.
United States
15 Sep 2014
Economic Development Is Not an Unqualified Environmental Evil (In Case You Didnít Know)
I do not want to suggest that most environmentalists are Luddites or that the environmental movement is opposed to economic development.
United States
15 Sep 2014
How Much Deference Do States Get In Entering CERCLA Consent Decrees? Probably A Lot, But Perhaps Not As Much As You Thought
In Cannons Engineering, the First Circuit famously stated that, when CERCLA consent decrees arrive at the courts of appeal, they do so "encased in a double layer of swaddling."
United States
11 Aug 2014
Still Using Economic (And Safety) Arguments To Reduce Greenhouse Gas Emissions: Massassachusetts Enacts Gas Leak Legislation
There has been a concerted effort on the part of those fighting climate change to emphasize economic issues in connection with their policy proposals.
United States
21 Jul 2014
I Thought Redeveloping Brownfields Was A Good Idea: Apparently The Boston Globe Hasnít Gotten The Message
The Boston Globe reported on concerns that the Massachusetts Department of Environmental Protection is planning to weaken cleanup standards for hazardous waste sites in Massachusetts.
United States
3 Mar 2014
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