Corporate Environmental Lawyer

New MOU For EPA And DoD

By E. Lynn Grayson

EPA and DoD have entered into a new Memorandum of Understanding (MOU) to advance the use of innovative technologies and their mutual interests in sustainability. This MOU is entered into between EPA through its Office of Research and Development, and the Department of Defense through its Office of the Deputy Under Secretary of Defense for Installations and Environment, to establish relations between the two institutions regarding collaboration on their mutual goals.

The Office of Research and Development (ORD) is the scientific research arm of EPA, whose leading-edge research helps provide the solid underpinning of science and technology for the EPA. The work at ORD laboratories, research centers, and offices across the country helps improve the quality of air, water, soil, and the way these resources are used.

The Office of the Deputy Under Secretary of Defense for Installations and Environment ((DUSD-I&E)) is the principal advisor to the Secretary of Defense on matters related to Department of Defense (DoD) installation capabilities, programs, and budgets. Responsibilities include installation-energy programs and policy, environmental management, safety and occupational health, environmental restoration at active and closing bases, conservation of natural and cultural resources, pollution prevention, and environmental research technology.

Subject to mutual consent and availability of funding, EPA and DoD intend to carry out joint activities to advance the development and/or demonstration of new applications and technologies that can be used to achieve mutual sustainability goals. These applications and technologies will use both new and existing data about health and the environment, as well as new data developed within the scope of this MOU.

EPA and DoD intend to cooperate in research, development, and demonstration of technologies that can be used to achieve mutual goals. Joint EPA-DoD activities are expected to be undertaken subject to available funding and resources within each agency. Each party may contribute funding and in-kind resources, depending on the collaborative project, which is consistent with the goals, missions, and programmatic requirements of the party.

The MOU is effective for five (5) years until 2017.

New USGS Report Finds Wells Contaminated

By E. Lynn Grayson

According to a new study by the U.S. Geological Survey, Trace Elements and Radon in Groundwater Across the United States, 1992-2003, about 20% of untreated water samples from public, private and monitoring wells contain concentrations of at least one trace element, such as arsenic, manganese and uranium, at levels of potential health concern.

These findings are based on over 5,000 samples collected primarily from public and private wells nationwide. This study is part of efforts by the U.S. Geological Survey's National Water-Quality Assessment Program to monitor the quality of the nation's groundwater and surface water.

Human health benchmarks used in this study include U.S. Environmental Protection Agency Maximum Contaminant Levels for regulated contaminants and Health Based Screening Levels (HBSLs) for unregulated contaminants. HBSLs are unenforceable contaminant threshold guidelines developed by the USGS in collaboration with EPA, and the New Jersey Department of Environmental Protection and Oregon Health Sciences University.

The major findings of the new study include:

• Arsenic, uranium, and manganese, were the trace elements in groundwater that most frequently exceeded USEPA human-health benchmarks.
• Climate and land use are important factors in trace element distribution.
• Basic geology and geochemistry of water samples helps to predict occurrence of trace elements in groundwater.
• The effects of mixtures of trace elements are poorly understood and could cause further health concerns.

More information about the USGS and its national water quality assessment program can be accessed at USGS.gov.

EPI Concludes Environmental Benefits Outweigh Compliance Costs Of EPA Regulations

By E. Lynn Grayson

The Economic Policy Institute (EPI) announced on May 31^st the results of an analysis of the relationship between Obama-era environmental regulations and economic factors, particularly employment. Two broad conclusions emerge from this analysis detailed in an EPI briefing paper titled Tallying Up the Impact of New EPA Rules. First, the dollar value of the benefits of the major rules finalized or proposed by the EPA so far during the Obama administration exceeds the rules' costs by an exceptionally wide margin. Health benefits in terms of lives saved and illnesses avoided will be enormous. Second, the costs of all the finalized and proposed rules total to a tiny sliver of the overall economy, suggesting that fears that these rules together will deter economic progress are unjustified.

Gabrielle Sigel to Speak At Chicago Bar Association Environmental Law Committee Regarding Chrome Regulation

By Gabrielle Sigel

On May 3, 2011, Gabrielle Sigel, a partner in Jenner & Block's Environmental Law Practice, shall provide a presentation to the Environmental Law Committee of the Chicago Bar Association addressing the overlap in OSHA and EPA regulation regarding chrome use in the workplace.  Both OSHA and EPA have detailed regulations regarding chrome emissions in the workplace, employee exposures, and work practices.  Ms. Sigel will explore this area of regulation to demonstrate the extent to which these regulations overlap and present significant compliance requirements.  The Chicago Bar Association committee meeting will be hosted by Jenner & Block.  Further details regarding attendance are provided in the attached announcement.

Gabrielle Sigel is a founding Partner of the Firm’s Environmental Law Practice, Co-Chair of Jenner & Block’s Climate and Clean Technology Law Practice, and a member of the Environmental Litigation Practice.  Ms. Sigel regularly represents clients in workplace safety and health enforcement and compliance matters and  in complex environmental statutory, common law, Superfund enforcement, toxic tort, and cost recovery actions. 

Allison Torrence to Speak at Northwestern School of Law

By Allison A. Torrence

Allison Torrence will be speaking at Northwestern School of Law on April 5th, 2011, at a panel discussion about Careers in Environmental & Animal Law.  Ms. Torrence will discuss her education and training in environmental law and take questions from law students eager to learn about practicing in the environmental law field.  Ms. Torrence will also describe her work experience in the Environmental, Energy and Natural Resources Law Practice at Jenner & Block.

December 2010 Update: Climate Change

By Gabrielle Sigel and William Kaplowitz

Gabrielle Sigel and William Kaplowitz, attorneys in Jenner & Block's Environmental, Energy & Natural Resources Law Practice, recently posted to Jenner & Block's Climate Change Update Resource Center their December 2010 Update of Climate Change Developments. 

Click here to read the December 2010 Climate Change Update. 

OSHA Succumbs to Noisy Public Comment

By Gabrielle Sigel

On January 19, 2011, in response to vociferous objection from the regulated community, OSHA withdrew its proposed official interpretation of the term "feasible administrative or engineering controls" as used in its General Industry and Construction Occupational Noise Exposure standards.   The standards state that employers must use administrative or engineering controls, rather than personal protective equipment (PPE), to reduce noise exposures that are above acceptable levels when such controls are  "feasible," i.e., "capable of being done," even if the cost of such controls are much more than the effective use of PPE, such as ear plugs.  Notably, OSHA withdrew this proposed interpretation before the close of public comments in March 2011.

OSHA Holds Public Web Chat on Regulatory Agenda

By Gabrielle Sigel

On January 5, 2011, at 2:30 p.m. EST, OSHA will host a live web chat to discuss its semi-annual regulatory agenda and annual plan, which were published in the Federal Register on December 20, 2010.  Members of the public are entitled to join the webcast.  These documents describe OSHA's regulatory priorities for the  next 6-12 months.

WHO Issues Indoor Air Quality Guidance

By E. Lynn Grayson

The World Health Organization (WHO) recently issued its first guidance on indoor air quality concerns. The new report titled WHO Guidelines for Indoor Air Quality-Selected Pollutants evaluates exposure risks and other considerations for nine chemicals commonly found in indoor air. The nine chemicals addressed in the report are benzene, carbon monoxide, formaldehyde, naphthalene, nitrogen dioxide, polycyclic aromatic hydrocarbons, radon, trichloroethylene, and tetrachloroethylene.

The U.S. EPA's Review of the Draft 2002 Subsurface Vapor Intrusion Guidance

By James A. Vroman

On August 30, 2010, the U.S. EPA's Office of Solid Waste and Emergency Response ("OSWER") published its "Review of the Draft 2002 Subsurface Vapor Intrusion Guidance."  OSWER's Review of the Draft 2002 Guidance suggests that when OSWER finalizes the Draft 2002 Guidance, which it has promised will be done by November of 2012, the final version of the Guidance will present a more rigorous and comprehensive, and, thus, a more expensive, Soil Vapor Intrusion ("SVI") assessment process than the one presented in the Draft 2002 Guidance.  For example, the Review advised that the EPA plans to include in the final version of the SVI Guidance, in addition to the list of chemicals that will trigger a SVI assessment, "chemical-specific characteristics" that will be used to identify chemicals of concern that may generate vapors.  The EPA will also update the toxicity values of a number of the chemicals listed in Table 1 of the Draft 2002 Guidance.  In addition to these changes to the Draft Guidance, OSWER noted that the SVI assessment process that will be presented in the final version of the SVI Guidance will recommend that the assessment evaluate multiple lines of evidence rather than a single line of external evidence such as soil-gas samples or externally collected groundwater samples.  Consistent with this recommendation, the Review also noted that the final version of the Guidance will provide that the SVI assessment should expand its evaluation of SVI risks beyond single-family residential buildings to include other types of buildings such as non-residential and mixed-use buildings.