October 2012
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Important Environmental Compliance Considerations In The Wake Of Hurricane Sandy
As Hurricane Sandy sweeps across the Eastern Seaboard, the images of its destructive power are humbling. As everyone begins to dig out from the damage caused by the storm, it is important to remember the environmental lessons learned from past storms and natural disasters. Inevitably, environmental issues will be a serious concern after Hurricane Sandy… Continue reading
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Perchlorate Panel Teleconferences Scheduled In December
The Science Advisory Board’s (SAB) advisory panel on perchlorate has scheduled two teleconferences to discuss its draft report on EPA’s white paper addressing recent epidemiological evidence on perchlorate. Perchlorate is both naturally occurring and commercially manufactured and is used in explosives, fireworks, rocket fuel and for other industrial purposes. Perchlorate often is a contaminant of… Continue reading
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EPA Faces Suits Over State Haze Plans As It Awaits Decision On Petition For Rehearing On Cross-State Air Pollution Ruling
As discussed previously in this blog, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated the Cross-State Air Pollution Rule (the “Transport Rule”) on August 21, 2012, in EME Homer City Generation, LP v. Environmental Protection Agency, et. al, Case No. 11-1302. The United States Environmental Protection Agency (“EPA”)… Continue reading
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EPA Releases 2012 Water Reuse Guidelines
In response to the increasing water supply challenges arising throughout many areas of the world, the Environmental Protection Agency (EPA) has released the 2012 Guidelines for Water Reuse. The document, developed by engineering firm CDM Smith Inc. under a Cooperative Research and Development Agreement (CRADA) with the EPA, is to be used by states in… Continue reading
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State Pesticide Regulators Question Whether Use Of Biocides In Fracking Fluids Violates FIFRA
An association of state pesticide regulators have recently raised an issue as to whether the use of certain biocides in hydraulic fracturing fluids are in violation of FIFRA. Biocides are commonly used in hydraulic fracturing fluids to control bacterial growth. According to recent comments by Jeff Comstock, the president-elect of the Association of American Pesticide… Continue reading
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Alaskan Village Seeks Rehearing of Climate Change Suit in 9th Circuit
On October 4, 2012, the Alaskan Village of Kivalina filed a petition for rehearing en banc in the Ninth Circuit. Petitioners urge the Ninth Circuit to reconsider its September 21, 2012 decision to uphold dismissal of a federal common law public nuisance claim against twenty-two energy companies over their greenhouse gas emissions, which Kivalina claimed… Continue reading
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Section 113 Or 107? Supreme Court Declines To Clarify CERCLA Cost Recovery Options.
Ever since the U.S. Supreme Court decided United States v. Atlantic Research Corp. in 2007, CERCLA PRPs and courts have been struggling with a crucial question: Whether parties subject to a consent decree may file claims for cost recovery under §107(a) of CERCLA, or whether their remedies are limited to filing claims for contribution under… Continue reading
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EPA Releases NEPmap For National Estuary Program Projects
EPA has released the first interactive map, NEPmap, detailing information about 29 National Estuary Program projects throughout the United States. NEPmap showcases details about each project including program description, size, habitat(s) at issue, restoration activities and lead agency identification. Continue reading
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Navy Shipbuilders Avoid Asbestos Product Liability Claims
On October 3, 2012, the United States District Court for the Eastern District of Pennsylvania decided two questions of firm impression under maritime law: (1) does maritime law recognize the sophisticated user and/or sophisticated purchaser defenses and (2) is a Navy ship a “product” for purposes of the application of strict product liability law. The… Continue reading
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New Litigation Filed Over Spent Lead Ammunition On Public Lands
The Center for Biological Diversity, the Sierra Club and the Grand Canyon Wildlands Council have filed a complaint against the U.S. Forest Service to limit the disposal of spent lead ammunition. Filed before the U.S. District Court for the District of Arizona, the plaintiffs see to protect wildlife species threatened by exposure to spent lead… Continue reading