January 2013
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Army Corps Proposes New Controls To Protect Great Lakes From Evasive Aquatic Species
The U.S. Army Corps of Engineers (USACE) recently released an updated list of controls it has identified for preventing the transfer of aquatic nuisance species (ANS) between the Great Lakes and the Mississippi River Basin. Continue reading
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D.C. Circuit Court Denies Rehearing En Banc In Cross-State Air Pollution Case
On January 24, 2013, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied a request for rehearing en banc of the decision to vacate the Cross-State Air Pollution Rule (the “Transport Rule”), in EME Homer City Generation, LP v. Environmental Protection Agency, et. al, Case No. 11-1302. Continue reading
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New MOU Between EPA And Kentucky
EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups in Kentucky. The MOU is intended to help property owners, developers, consultants, public officials and the general public understand the roles and responsibilities of the EPA… Continue reading
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Post-Sackett Challenge to U.S. EPA RCRA Order
Prior to the Supreme Court’s decision in Sackett v. EPA, pre-enforcement challenges to unilateral orders were unsuccessful because courts determined that such orders did not constitute a final agency action. In Sackett, however, the Supreme Court found that compliance orders issued under the Clean Water Act (“CWA”) constituted final agency actions under the Administrative Procedures… Continue reading
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New EPA Guidance On Institutional Controls
EPA has released guidance on the use of institutional controls at CERCLA, RCRA and UST sites. The guidance titled Institutional Controls: A Guide to Planning, Implementing, Maintaining and Enforcing Institutional Controls at Contaminated Sites is the second in a series of guidance developed by the Agency. The first document was issued in September 2000 titled… Continue reading
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Environmental Group Files Protective Lawsuit Challenging Logging Road Rule
On January 4, 2013, the Northwest Environmental Defense Center (“NEDC”) filed a Petition for Review of U.S. EPA’s recently promulgated final rule which clarified that stormwater discharges from logging roads did not require a NPDES permit under the Clean Water Act. As discussed in a prior post, in a case now awaiting a decision from… Continue reading
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ORM-D Authorization Extended Through 2020
On January 7, 2013, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a final rule extending authorization of the ORM-D classification for domestic shipments through December 31, 2020. Under the ORM-D system, shipments of limited quantities of hazardous materials can be shipped via domestic highway, rail, and vessel without being subject to the stringent… Continue reading
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U.S. EPA Issues Revised Guidance On The Use Of Institutional Controls At Contaminated Sites
U.S. EPA’s Office of Solid Waste and Emergency Response (“OSWER”) recently issued revised guidance relating to the use of institutional controls at NPL and other contaminated properties. The first guidance document, titled “Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites”, is intended to provide site managers, attorneys, and… Continue reading
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UN Declares 2013 International Year Of Water Cooperation
Water stress issues in the United States and abroad are growing in numbers and significance. Recognizing the priority that should be accorded the goal of addressing water needs worldwide, the United Nations has declared that 2013 will be the “International Year of Water Cooperation.” The UN hopes the adoption of this special resolution by the… Continue reading