Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more
The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more
2/18/2016
/ CERCLA ,
Clean Power Plan ,
Clean Water Act ,
Duke Energy ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Justice Scalia ,
Order to Stay ,
Permits ,
SCOTUS ,
Storm Water Pollution Prevention Plan ,
US Fish and Wildlife Service ,
Waste Management
The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more
Developers have to deal with a number of environmental issues. These include stormwater management and potential impacts to wetlands, historic resources, and threatened and endangered species. The northern long-eared bat is...more
Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more
You're looking through your mail one morning when you see it: a certified letter from EPA. The letter requests information about your company's operations over the last 20 years. It includes paragraph-after-paragraph of...more
EPA has issued a final rule applicable to new and existing underground storage tanks (“USTs”). The rule is the first significant amendment to EPA’s 1988 UST regulations. Here are some of the highlights....more
EPA has issued a final rule tightening the primary ozone national ambient air quality standard (“NAAQS”) down to 70 ppb from the 75 ppb limit established in 2008. The new NAAQS takes effect on December 28, 2015 (despite the...more
In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more
10/28/2015
/ Barack Obama ,
CERCLA ,
Clean Air Act ,
Clean Water Rule ,
Customs and Border Protection ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Hazardous Waste ,
Importers ,
Imports ,
Proposed Amendments ,
RCRA ,
Toxic Substances Control Act (TSCA) ,
U.S. Customs ,
US Army Corps of Engineers ,
Waste Management ,
Waters of the United States
In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more
The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more
8/26/2015
/ Appeals ,
Chamber of Commerce ,
Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Rapanos v US ,
Real Estate Development ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
President Obama unveiled on August 3 what has been billed as the Administration’s biggest initiative yet to regulate carbon emissions. Although the final regulations that form the Clean Power Plan are ostensibly aimed at...more
Clean Water Rule Opens Litigation Floodgates -
With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more
7/21/2015
/ Arsenic ,
Chesapeake Bay ,
Clean Water Act ,
Clean Water Rule ,
Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
Farm Bureau ,
Farms ,
Form R ,
MATS ,
Michigan v. EPA ,
Mining ,
OSHA ,
Power Plants ,
Toxic Chemicals ,
US Army Corps of Engineers ,
Vapor Intrusion Guidance
Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the last decade. ...more
In this Issue:
- EPA Issues SIP Call to Eliminate SSM Defense
- EPA and Corps Define “Waters of The United States”
- Frequent Questions: EPCRA 313
- Generators Need to be Vigilant About TCLP Sampling...more
6/15/2015
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
Manufacturers ,
NAAQS ,
Ozone ,
Proposed Regulation ,
RCRA ,
Reporting Requirements ,
Sierra Club ,
Toxic Chemicals ,
US Army Corps of Engineers ,
Waste Disposal
EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean Water Rule” by...more
EPA has issued a final rule that requires 36 states to revise their State Implementation Plans to eliminate a well-known and often-used Clean Air Act defense for excess emissions. While specific elements of the defense...more
- In this Issue:
- TSCA Reporting: Violations May Never Lapse, But Corroborative Information Is Better Understood
- South Carolina Generator Inspection Schedule Increases
- Frequent Questions: Form R
-...more
4/17/2015
A. Fast Track Regulations -
1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20).
Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172,...more
STATE AIR POLLUTION CONTROL BOARD -
A. Final Regulations
1. 9VAC5-50. New and Modified Stationary Sources (Rev. I13) (amending 9VAC5-50-400, 9VAC5-50-410).
Statutory Authority: § 10.1-1308 of the Code of...more
The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014. All sites now in the VRP...more
On December 30, 2013, EPA issued a final rule to amend its “All Appropriate Inquiries” Rule (AAI Rule) that sets forth the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental...more
The regulatory action (i) updates current remediation levels and sampling and analysis methods; (ii) improves reporting and notification requirements; (iii) clarifies eligibility, application, registration fee, and...more
STATE AIR POLLUTION CONTROL BOARD -
A. Proposed Regulations -
1. 9VAC5-130. Regulation for Open Burning (Rev. E12) (amending 9VAC5-130-10 through 9VAC5-130-50, 9VAC5-130-100; repealing 9VAC5-130-60)....more
Stating that they “face pervasive ozone nonattainment problems,” eight Northeastern states on December 9, 2013 petitioned the U.S. Environmental Protection Agency (“EPA”) to add nine upwind states to the Ozone Transport...more