November 2013
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EPA’s New Strategic Plan: Cuts in Enforcement While Promising Streamlined Methods of Compliance
By: Seth J. Schriftman On November 19, 2013, U.S. Environmental Protection Agency (“EPA”) released its “Draft FY 2014-2018 EPA Strategic Action Plan” (the “Plan”). Of note, the public comment period for the Plan ends on January 3, 2014. The Plan describes five EPA strategic goals: Addressing climate change and improving air quality; Protecting America’s… Continue reading
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First Criminal Conviction Under Migratory Bird Treaty Act For Wind Farms
Duke Energy Renewables Inc., a subsidiary of Duke Energy Corp., pled guilty in the deaths of golden eagles and other birds at two wind farms in Wyoming. According to the Justice Department, it is the first criminal conviction under the Migratory Bird Treaty Act for unlawful avian takings at wind projects. Continue reading
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Vote For Nuclear Option Likely to Ease The Logjam For U.S. EPA Appointments
When the United Senate voted to require only a simple majority to approve cloture motions dealing with nominations for executive agencies and judicial posts (excepting the United States Supreme Court), it opened the door for many Obama-appointees to various posts within U.S. EPA. Continue reading
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Fifth Circuit Tackles “At Least Annually” for Purposes of Respirator Fit-Testing
By: Andi S. Kenney On November 6, 2013, the Fifth Circuit Court of Appeals affirmed an Administrative Law Judge’s decision that Shaw Global Services, Inc. violated the respirator fit-testing requirements by allowing sixteen months between fit tests. Shaw Global Energy Services v. Perez, Secretary of Labor, No. 12-60834 (5th. Cir., Nov. 6, 2013). The respirator standard requires an… Continue reading
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White House/OMB Revisits SCC
In a recent blog by Howard Shelanski, OMB’s Administrator of the Office of Information and Regulatory Affairs (OIRA), it was announced that OMB is issuing updated values for the Social Cost of Carbon (SCC) used to estimate the value to society of reducing carbon emissions. These updated values reflect minor technical corrections to the estimates… Continue reading
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New EPA Report On Water’s Economic Value
EPA has released a new report The Importance of Water to the U.S. Economy addressing the total economic value of water resources. Continue reading
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EPA Completes Time-Critical Removal Action in Chicago’s Pilsen Neighborhood
Yesterday, the EPA announced that it finished a time-critical removal action of lead in the soil at the former Loewenthal Metals site at 947 W. Cullerton Street in Chicago. Continue reading
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New CERCLA Article Published In Environmental Law Reporter
Jenner & Block Partner Keri L. Holleb Hotaling and Associate Allison A. Torrence recently published an article titled “EPA Administrative Orders on Consent, CERCLA § 113(F) Contribution Actions, and the Operative Statute of Limitations After Atlantic Research,” in the Environmental Law Institute’s Environmental Law Reporter. Continue reading
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U.S. EPA Hikes Statutory Environmental Penalties
Effective December 11, 2013, penalties for violations of certain environmental statutes will go up. According to a final rule issued by the United States Environmental Protection Agency, 20 of the 88 statutory penalty provisions are being increased in order to adjust for inflation. Although the standard daily fine for violations of the CWA, CAA, CERCLA,… Continue reading
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Institute for Legal Reform Issues Report Assessing Litigation Trends Affecting the Business Community
By: Genevieve Essig In October, the U.S. Chamber Institute for Legal Reform issued a report, The New Lawsuit Ecosystem: Trends, Targets and Players, presenting an analysis of the “lawsuit ‘ecosystem’ for the areas of litigation abuse of most concern to the business community” and the direction in which the associated litigation trends are heading. … Continue reading