Health & Safety Developments
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The Trump Administration Issues Proposed “Waters of the United States” Rule Under CWA
On December 11, 2018, the U.S. EPA and the U.S. Army Corps of Engineers jointly issued a proposed rule to define the basic jurisdictional reach of the federal Clean Water Act (“CWA”), which applies to protection of the “navigable waters” of the U.S. The proposed rule defines the term “waters of the United States,” which… Continue reading
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ATSDR and U.S. EPA–Conflicting Guidance Regarding Emerging Contaminant Regulatory Standards?
The director of the Agency for Toxic Substances and Disease Registry (ATSDR), Peter Breysse, continues to defend the agency’s minimal risk levels (MRLs) for perfluorinated chemicals that were released in June 2018 as part of a draft toxicological profile. Continue reading
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In Midterm Elections, Colorado Voters Reject High Profile Anti-Fracking Initiative
On Tuesday, November 6th, Colorado voters rejected a highly contested ballot initiative which would have set unprecedented limits on oil and gas drilling in the state. The measure, Proposition 112, would have prohibited drilling new oil or natural gas wells within 2,500 feet of certain occupied buildings—including homes, schools and hospitals; various water sources—including lakes,… Continue reading
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New Jersey Federal District Court Dismisses Enviro’s Constitutional Challenges to FERC’s Approval of PennEast’s $1B Gas Pipeline, Holding that the Court Doesn’t Have Jurisdiction under the Natural Gas Act
On Monday, in N.J. Conservation Found. v. FERC (No. 17-11991), the U.S. District Court for the District of New Jersey dismissed the New Jersey Conservation Foundation’s (“NJCF”) suit against the Federal Energy Regulatory Commission (“FERC”) because the Court found that the courts of appeals, and not it, had subject matter jurisdiction under the Natural Gas… Continue reading
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The United States’ Largest Wholesale Energy Provider Launches Blockchain-Based Pilot for Renewable Energy Markets
…proponents of Blockchain technology have asserted the platform’s built-in efficiencies would allow it to compete with traditional, utility-owned electrical grids, with one company going as far as setting up a “micro-grid” in Brooklyn, New York. It appears that the marriage between Blockchain and the electricity grid may be moving forward at an accelerated pace as… Continue reading
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EPA Finalizes Unprecedented NPL Listing
On September 13, 2018, the United States Environmental Protection Agency (“EPA”) took the final, unprecedented step of adding a contaminated site to the Superfund National Priorities List (“NPL”) based solely on the risk to human health posed by indoor air vapor intrusion at the site. The newly designated site, which consists of the former Rockwell… Continue reading
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Pipeline Company Found Guilty for 2015 California Coastal Oil Spill
Last week, the Santa Barbara County District Attorney and California Attorney General obtained guilty verdicts against Plains All American Pipeline, L.P. regarding the 2015 Refugio Oil Spill near Santa Barbara, CA. Continue reading
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Chicago’s Trump Tower Sued for Violation of the Clean Water Act
In a recently filed lawsuit in Cook County Circuit Court, the State of Illinois accused Trump International Hotel & Tower of violating multiple clean water laws and endangering fish and aquatic life in the Chicago River. Continue reading
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Drinking Water Providers Seek Pause in Rush to Set MCLs for Emerging Contaminants
The presence of emerging contaminants such as perfluorinated chemicals (PFOS) and 1,4-dioxane in drinking water often make the headlines as sampling technologies become more sophisticated and these contaminants are being detected with increasing frequency in drinking water systems across the country. Continue reading
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Environmental Groups Set Stage for Likely Legal Challenge to FERC GHG NEPA Review Policy
On May 18, 2018, the Federal Energy Regulatory Commission (FERC) issued an order denying a rehearing request on FERC’s issuance of a certificate of public convenience and necessity for a natural gas pipeline project for Dominion Transmission. An environmental group had challenged the certificate, arguing in part that FERC failed to adequately consider the upstream… Continue reading