The process of hydraulic fracturing (also known simply as “fracking”) continues to divide the public and public policymakers, even as resulting lower natural gas prices have encouraged industries, including many power plants,...more
Expectations are running high among some that the incoming Republican majority in both Houses of Congress will act to change or eliminate various environmental regulations and statutory provisions that they claim harm the...more
The U.S. EPA’s efforts to develop a new regulatory path for coal ash (“Coal Combustion Residuals” or “CCR”) by regulating the material either as a hazardous waste or as a solid but non-hazardous waste, are nearing a...more
EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more
11/4/2014
/ Chemicals ,
Contamination ,
Delays ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fracking ,
Hazardous Substances ,
Investigations ,
Water ,
Water Supplies
Late last month, President Obama addressed the United Nations Climate Summit and just a few days ahead of that, EPA announced that it has extended the comment period on the Clean Power Plant proposed rule to December 1, 2014....more
A combination of factors in Alabama has raised concerns about the reliability of adequate water in various parts of the State in the event of prolonged droughts or significant withdrawals. Industrial users and public water...more
An increasingly pitched battle between business and agricultural interests over the blending of ethanol in gasoline has turned its focus to EPA’s rulemaking mandate which sets the minimum volume of renewable fuel sold...more
On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more
7/3/2014
/ BACT ,
Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Permits ,
Power Plants ,
SCOTUS ,
Title V ,
Utilities Sector ,
Utility Air Regulatory Group v EPA
Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties. ...more
In March, EPA published a new Final Rule that revised a 2009 Final Rule addressing stormwater discharges from its Construction and Development (C&D) point source category. The March revision withdrew the numeric turbidity...more
This past Monday (March 31), Working Group II of the Intergovermental Panel on Climate Change (IPCC) presented its report: Climate Change 2014: Impacts, Adaptation, and Vulnerability. Copies of the two-volume report can be...more
We have periodically updated the status of EPA’s long-running effort to decide whether and how to regulate coal ash generated primarily from electric power generation. Recent events have put EPA on a course to make a final...more
On January 7, federal agencies, including EPA, published in the Federal Register the Agency’s proposed regulatory agendas for 2014. EPA’s agenda was generally consistent with the unified agenda published prior to...more
In mid-December, the U.S. Environmental Protection Agency issued final rules that the Agency said are intended to facilitate the management of carbon dioxide gas that is required to be captured from electric power plants. The...more
In June, President Obama directed the U.S. Environmental Protection Agency to propose standards regulating greenhouse gas emissions (“GHG”) from existing power plants. The requirements would be imposed under Section 111(d) of...more
A significant issue in the recent federal government shut down was the fundamental question over the scope of government authority and its role in a wide range of activities. In short, should there be any government...more
In mid-September, the U.S. Environmental Protection Agency and the Army Corps of Engineers jointly submitted a proposed rule to the White House Office of Management and Budget intended to clarify which waters and wetlands are...more
As Scott Hitch noted in a previous post, a change to the federal rule regarding All Appropriate Inquiries (“AAI”) is currently on notice for public review and comment. The comment period ends on September 16. The proposed...more
Updating an ongoing issue related to options for new ash regulations, the U.S. House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2218) on July 25, 2013. ...more
The confirmation of Gina McCarthy to become the next Administrator of the United States Environmental Protection Agency continues to be delayed by Republicans in the U. S. Senate. ...more
The Subcommittee on Environment and the Economy of the Energy and Commerce Committee of the U.S. House of Representatives approved legislation on June 6, to direct the regulation and management of coal combustion ash...more
The American Lung Association recently issued a Report entitled, “State of the Air 2013,” which looks at levels of ground-level ozone and particle pollution across the United States for the period 2009-2011....more
On June 15, 2012, EPA approved the first applications for the use of E15 Ethanol/Gasoline blend. Since that time, a dispute has emerged regarding the potential benefits and problems associated with a transition from the...more
The U.S. EPA has issued for public comment a draft of its most recent National Rivers and Streams Assessment (NRSA). The Assessment involved sampling over 1,900 points along wadeable waterways in the contiguous 48 States...more
The costs of reducing air emissions, at least particulates, appears to be justified according to research cited during a recent lecture by environmental economist C. Arden Pope, III, a professor at Brigham Young University. ...more