December 2012
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D.C. Circuit Court Denies Request For Rehearing of Decision Upholding EPA GHG Emission Regulations
On December 20, 2012, the U.S. Court of Appeals for the D.C. Circuit voted to deny rehearing of a June 26, 2012 panel decision of that court, which had upheld a series of U.S. Environmental Protection Agency (“EPA”) Clean Air Act regulations for control of greenhouse gas (“GHG”) emissions from mobile and stationary sources. Coalition… Continue reading
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U.S. EPA Finalizes Boiler MACT Rule
On December 20, 2012, U.S. EPA finalized air emissions regulations for boilers and incinerators. The new rules, which revised regulations originally promulgated but put on hold in 2011, drew praise from environmental groups and criticism from industry and trade associations. The new rules affect major sources (boilers with the potential to emit ten tons per… Continue reading
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U.S. Appellate Court Defines Settling Parties’ Rights to CERCLA Contribution and Cost Recovery
On December 19, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a panel decision that clarifies the law within that Circuit on issues left unresolved after several U.S. Supreme Court’s decisions interpreting certain provisions of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. (“CERCLA”). In Bernstein… Continue reading
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U.S. DOT May Seek More NEPA Categorical Exclusions
State and local transportation agencies are seeking the creation of 266 categorical exclusions (CEs) under NEPA to expedite new transportation-related projects. A new report, U.S. Department of Transportation National Environmental Policy Act Categorical Exclusion Survey Review, concludes that CEs are key to any environmental streamlining strategy. Continue reading
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New Guide For Safer Chemicals Released
The Guide to Safer Chemicals (Guide) was released today by a broad coalition of groups working to replace chemicals of high concern with safer alternatives. This first-of-its kind tool sets benchmarks for how manufacturers, retailers and purchasers can track their progress to using chemicals in products that are safer for human health and the environment. Continue reading
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Court Finds That Environmental Documents Obtained From Public Agency Protected By Work Product Privilege
In an environmental coverage dispute, a New York federal judge recently ruled that information obtained by the insurance company from governmental environmental agencies was protected work product and need not be disclosed in discovery. In the matter of Travelers Indemnity Co., et al. v. Northrop Grumman Corp., Northrop sought communications between its insurers and various… Continue reading
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CERCLA BFPP Protections Applicable To Certain Tenants
EPA has released new CERCLA guidance confirming that certain tenants who lease contaminated or formerly contaminated properties may be entitled to self implementing bona fide prospective purchaser liability protections. Continue reading
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U.S. EPA Throws Supreme Court A Curveball By Issuing Final Logging Rule The Day Before Oral Argument
On December 3, 2012, the U.S. Supreme Court heard oral arguments in the consolidated cases of Decker v. Northwest Environmental Defense Center and Georgia Pacific v. Northwest Environmental Defense Fund Center. At issue in both of these cases is the Ninth Circuit’s 2010 decision that found that channelized storm water from logging roads that eventually… Continue reading