August 2013
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Federal Appellate Court Rules That The Clean Air Act Does Not Preempt State Common Law Claims
On August, 20, 2013, the U.S. Court of Appeals for the Third Circuit issued a ruling reversing dismissal of common law claims brought by a group of residents who live near a coal-fired power plant in Springdale, Pennsylvania. Bell v. Cheswick Generating Station, No. 12-4216 (Aug. 20, 2013). The residents are complaining that ash and… Continue reading
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Environmental Groups Petition IJC About Sulfide Mining Impacts On Great Lakes
At least 40 environmental groups have petitioned the International Joint Commission (IJC) to evaluate the water-related impacts from sulfide mining exploration and development within the Rainy River and Lake Superior Basins. In their petition, the groups request that the IJC make recommendations to assist governmental bodies in the U.S. and Canada in ensuring Article IV… Continue reading
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Another Federal Circuit Adopts Five-Year Limit On NSR Enforcement Actions
The U.S. Court of Appeals for the 3rd Circuit recently joined the 7th, 8th and 11th Circuits in finding that U.S. EPA must bring New Source Review (NSR) enforcement proceedings within five years of the alleged violation. On August 21, 2013, in United States of America, et al. v. EME Homer City Generation, LP, the… Continue reading
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Attorneys General Support Keystone Pipeline
The U.S. Department of State is reviewing the Presidential Permit application relating to the expansion of the Keystone Pipeline project. In a petition forwarded to Secretary of State John Kerry, twenty-one state attorneys general have supported the pipeline and urged him to recommend issuance of the permit for TransCanada Corporation’s proposed Keystone XL crude oil… Continue reading
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Environmental Group Ordered To Pay Disney’s Attorneys’ Fees For Filing Baseless Reverse False Claims Act Lawsuit
In the latest saga of what has become a long running dispute between plaintiff RBC Four Co. LLC (“RBC”) and the Walt Disney Company (“Disney”), a federal district court judge dismissed RBC’s reverse False Claims Act allegations and ordered RBC to reimburse the Walt Disney Company for its attorneys’ fees incurred in defending what the… Continue reading
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New Report Concludes No Material GHG Emissions From Keystone XL Pipeline
In the recent debate surrounding the pending Keystone XL pipeline decision, new questions have been raised about the pipeline’s potential impact on greenhouse gas (GHG) emissions. President Barack Obama has indicated that the relative emissions related to increased Canadian oil sands processing in US markets (resulting from the Keystone XL project) are a key criteria… Continue reading
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Bills Encouraging Small Hydropower Projects Await President Obama’s Signature
By Seth J. Schriftman On August 1, a pair of bills designed to encourage the development of small hydropower projects was approved by the Senate. The bills, known as the Hydropower Regulatory Efficiency Act (H.R. 267) and the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act (H.R. 678) await President Obama’s… Continue reading
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President Obama Issues Executive Order On Chemical Safety
On August 1, 2013, President Obama issued an Executive Order titled “Improving Chemical Facility Safety and Security.” The Executive Order is in response to recent tragedies involving chemical accidents at U.S. facilities, most recently the explosion at a fertilizer plant in West, Texas. The Executive Order establishes the Chemical Facility Safety and Security Working Group,… Continue reading
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NIOSH Study Finds That Workers’ Silica Exposure At Fracking Sites Exceeds Occupational Health Criteria
A groundbreaking recent study authored by the National Institute for Occupational Safety and Health (NIOSH), Occupational Exposures to Respirable Crystalline Silica During Hydraulic Fracturing, Journal of Occupational and Environmental Hygiene, discusses the harm related to an employee’s exposure to respirable crystalline silica during hydraulic fracturing (“fracking”). The study also includes recommendations for companies which utilize… Continue reading
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Seventh Circuit “Clarifies” Position On CERCLA 113 v. 107 Claims
On July 31, 2013, the Seventh Circuit Court of Appeals issued an Amended Opinion in the case of Bernstein v. Bankert, Nos. 11-1501 and 11-1523. As discussed previously in this blog, the Seventh Circuit’s original opinion addressed, among other things, the circumstances in which a plaintiff can bring a contribution claim under section 113 of… Continue reading