June 2011
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May 2011 Update: Climate Change
Jenner & Block publishes May 2011 update of climate change developments including federal government actions with regard to electric vehicles. Continue reading
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Announcing Midwest Brownfields Forum
On June 23, Jenner & Block, in conjunction with Bisnow, will host the “Midwest Brownfields Forum.” The breakfast seminar will be held on the 45th floor of Jenner & Block’s Chicago office and will begin at 8:00 am CST. Steve Armstrong of Jenner’s Environmental, Workplace and Health and Safety Department will be joined for a… Continue reading
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Supreme Court Holds EPA’s Authority to Regulate Greenhouse Gases Displaces Federal Nuisance Suit
On June 20, 2011, the Supreme Court issued its opinion in American Electric Power Co., Inc. v. Connecticut, No. 10-174, a case in which the U.S. Court of Appeals for the Second Circuit had held that eight states, New York City, and three land trusts could bring a claim under the federal common law of… Continue reading
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Seventh Circuit Holds That Environmental Group Has Standing To Challenge Validity Of Permit To Destroy Wetlands
Yesterday, the Seventh Circuit found that an environmental group, the American Bottom Conservancy (the “Conservancy”), has standing to sue to invalidate a U.S. Army Corps of Engineers (“Corps”) decision to allow Waste Management of Illinois, Inc. (“WMI”) to destroy over eighteen acres of wetlands in southwestern Illinois. Continue reading
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EWG Report Lists Apples as Most Contaminated Produce Item
On June 13, 2011, the Environmental Working Group (“EWG”) released the 2011 Shopper’s Guide to Pesticides in Produce. The report was based on data from the U.S. Department of Agriculture (“USDA”) and Food and Drug Administration (“FDA”) that was compiled between 2000 and 2009. Acording to EWG, the purpose of the report is to help… Continue reading
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NOAA Considering Regulations Addressing Marine Mammals Taking by Oil and Gas Seismic Surveys
Yesterday, National Marine Fisheries Service (NMFS) announced that it had received a revised application from the U.S. DOI Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) (formerly Minerals Management Service (MMS)), for authorization to take marine mammals by harassment incidental to oil and gas industry seismic surveys conducted during geological and geophysical (G&G) exploration… Continue reading
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National Toxicology Program’s Twelfth Report Identifies Formaldehyde As A Known Human Carcinogen
On June 10, 2011, the National Toxicology Program (“NTP”) issued its twelfth report on chemicals that are deemed to be carcinogenic to humans and has listed formaldehyde as a known human carcinogen in that report. This is not an unexpected result and comes on the heels of a controversial study of Chinese workers published in… Continue reading
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DOI Seeks Comments On WaterSMART Conservation Program Plan
Until August 1, 2011, the Department of Interior is seeking public comments on its draft WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Strategic Implementation Plan. The draft plan identifies actions to secure and stretch water supplies for use by existing and future generations. Continue reading
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U.S. EPA Details Environmental Objections With State Department’s Environmental Impact Statement For The Keystone XL Pipeline
On June 6, 2011, the United States Environmental Protection Agency (“U.S. EPA”) sent the State Department a letter expressing its concerns with the Department’s Supplemental Draft Environmental Impact Statement (“Supplemental EIS”) for the proposed TransCanada Keystone XL Pipeline. TransCanada is proposing to build an oil pipeline to transport oil sands crude from Alberta, Canada to… Continue reading
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Maryland Executive Order Creates Marcellus Shale Safe Drilling Initiative
Yesterday, Maryland Governor Martin O’Malley signed an executive order which established the “Marcellus Shale Safe Drilling Initiative.” Continue reading