As described in previous blog posts on May 7, 2018 and March 13, 2018, regulatory changes are needed before liquefied natural gas (LNG) can be transported by rail tanker cars under applicable Hazardous Materials and Carriage...more
10/30/2018
/ Department of Transportation (DOT) ,
Energy Sector ,
Federal Railroad Administration ,
Hazardous Substances ,
Liquid Natural Gas ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Permits ,
Petition for Rulemaking ,
PHMSA ,
Railroads ,
Regulatory Agenda ,
Safety Precautions ,
Transportation Industry
On Sept. 13, 2018, the U.S. Senate Committee on Energy and Natural Resources held a hearing on the subject of liquefied natural gas (LNG) exports to Europe. The hearing was opened by Senator Lisa Murkowski (R-Alaska)....more
The U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Environment will hold a hearing on per-fluorinated chemical contamination on Thursday, Sept. 6, 2018, at 10 a.m. in 2123 Rayburn House Office...more
As previously reported, on Aug. 31, 2018, Kevin J. McIntyre, Chairman of the Federal Energy Regulatory Commission (FERC) and Howard "Skip" Elliott, Administrator of the Pipeline and Hazardous Materials Safety Administration...more
9/6/2018
/ Department of Transportation (DOT) ,
Energy Projects ,
Energy Sector ,
FERC ,
Liquid Natural Gas ,
Memorandum of Understanding ,
Natural Gas Act ,
Oil & Gas ,
PHMSA ,
Pipelines ,
Transportation Industry
In the wake of the PFAS National Leadership Summit convened by the U.S. Environmental Protection Agency (EPA) on May 22-23, 2018, EPA opened a public docket to solicit comments on per- and polyfluoroalkyl substances (PFAS), a...more
On Aug. 23, 2018, the U.S. Environmental Protection Agency (EPA) published its results of efforts to study a variety of technologies used to remove Per- and polyfluoroalkyl substances (PFAS) from drinking water. PFAS are a...more
The U.S. Environmental Protection Agency (EPA) has been studying holistically the management of wastewater generated from onshore unconventional oil and gas extraction, also known as "fracking." This study is a result of the...more
Following recent developments in liquefied natural gas (LNG) export policy in which we outlined in previous blog posts on June 12, 2018 and June 22, 2018, the Department of Energy (DOE) Office of Fossil Energy issued a Final...more
7/31/2018
/ Department of Energy (DOE) ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Export Controls ,
Exports ,
Final Rules ,
Free Trade Agreements ,
Liquid Natural Gas ,
Natural Gas ,
NEPA ,
Oil & Gas ,
Shipping ,
Supply Chain
On June 19, 2018, the Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup (BWSC) issued its Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the...more
6/26/2018
/ ATSDR ,
Chemicals ,
Contaminated Properties ,
Department of Health and Human Services (HHS) ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Regulatory Standards ,
Toxic Chemicals ,
Water ,
Water Supplies
I wrote recently about the Department of Energy’s (DOE) liquefied natural gas (LNG) Export Study which was good news for LNG exporters. The study found that across the entire range of scenarios, U.S. economic output is higher...more
On June 12, 2018, the Office of Fossil Energy of the Department of Energy (DOE) filed a Notice in the Federal Register seeking comments prior to July 27, 2018 on its recently released study, entitled Macroeconomic Outcomes of...more
6/13/2018
/ Comment Period ,
Department of Energy (DOE) ,
Exports ,
Federal Register ,
Free Trade Agreements ,
Liquid Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Popular ,
Public Comment ,
Public Interest
On May 23, 2018, the Massachusetts Department of Environmental Protection (DEP), in conjunction with the Massachusetts Department of Fire Services (DFS), announced a program to inventory and dispose of pre-2003 firefighting...more
The Boston Green Ribbon Commission just released its 250-page Report on Feasibility of Harbor-wide Barrier Systems, finding that shore-based climate adaptation solutions have significant advantages over harbor-wide strategies...more
On May 23, 2018, the Designation Decision for the South Boston Designated Port Area (DPA) was published in the Environmental Monitor. It marks one step, but not the end of the journey, for the owner and developer of the...more
On May 7, 2018, the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) finally responded to the Petition for Rulemaking filed by the Association of American Railroads (AAR). As...more
5/15/2018
/ Department of Transportation (DOT) ,
Energy Sector ,
Federal Railroad Administration ,
Hazardous Substances ,
Liquid Natural Gas ,
Oil & Gas ,
Permits ,
Petition for Rulemaking ,
PHMSA ,
Railroads ,
Transportation Industry
The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more
4/24/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Permits ,
Point Sources ,
Public Comment ,
Public Works ,
Senate Committees ,
Surface Water ,
Water Pollution ,
Waters of the United States
On March 28, 2018, the Office of the Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) issued a Project Notification indicating its plans to begin preliminary research to evaluate the EPA’s...more
4/10/2018
/ Abatement ,
Construction Project ,
Construction Workers ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Homeowners ,
Housing Developers ,
Lead Paint ,
Notifications ,
OIG ,
Painting Contractors ,
Renovations ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
Prompted by regulatory changes from the U.S. Environmental Protection Agency (EPA) regarding emission standards for locomotives, several railroads and locomotive manufacturers have been working for several years to develop...more
4/5/2018
/ Energy Sector ,
Environmental Protection Agency (EPA) ,
Federal Railroad Administration ,
Infrastructure ,
Manufacturers ,
National Emissions Standards ,
Natural Gas ,
New Regulations ,
Oil & Gas ,
Popular ,
Railroads ,
Regulatory Reform ,
Train Accidents
• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more
3/14/2018
/ Business Expenses ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Fines ,
IRS ,
Penalties ,
Rulemaking Process ,
Settlement Agreements ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Reform ,
Trump Administration
A recent Boston Globe editorial entitled “Gas-by-train? Beacon Hill Opens The Door” suggests that liquefied natural gas (LNG) may be arriving by train to New England from the shale gas region in Pennsylvania in the future....more
3/14/2018
/ Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Energy Sector ,
Federal Railroad Administration ,
FERC ,
Liquid Natural Gas ,
Oil & Gas ,
Petition for Rulemaking ,
PHMSA ,
Railroads ,
Shale Gas ,
Shipping ,
Trains
On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more
2/26/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Federal Register ,
Groundwater ,
NPDES ,
Public Comment ,
Safe Drinking Water Act ,
Surface Water ,
Underground Injection Wells ,
Wastewater
On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say "changed," when a claim for...more
On Jan. 25, 2018, the Associate Attorney General issued a memorandum limiting use of agency guidance documents in affirmative civil enforcement cases brought by the U.S. Department of Justice (DOJ). In a move which could have...more