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President Nominates Gina McCarthy To Run EPA

As anticipated in a previous posting, President Obama has formally nominated Gina McCarthy to be the next Administrator of the U.S. Environmental Protection Agency. McCarthy brings to the position notable experience at both...more

EPA Confirms Uncertainty Over Timing Of Final Coal Ash Rule

Previously, we referenced an article in Bloomberg BNA reporting on an interview with an EPA representative who indicated that the Agency could not provide a definitive timeline for promulgating final regulations on the...more

EPA Agrees To Remove Controversial Turbidity Limit From Construction Stormwater Rule

The U.S. Environmental Protection Agency recently announced that it has reached an agreement with the Wisconsin Builders Association, the National Association of Home Builders and others to settle litigation challenging...more

EPA’s Air Chief Seen As Favorite To Become The Next Administrator

A recent article carried by Reuters News Service reports that President Obama favors Gina McCarthy to replace Lisa Jackson as Administrator of the U. S. Environmental Protection Agency. In December, Jackson indicated a...more

EPA Uncertain When Coal Ash Rule Will Be Finalized

A recent article in Bloomberg BNA reports that the U.S. EPA (Environmental Protection Agency) is currently unable to provide a definitive timeline for promulgating final regulations on the management of coal ash generated by...more

Boiler Or Incinerator And Secondary Materials That Are Solid (Not Hazardous) Wastes

It’s almost never easy to fathom federal environmental regulations and this held true when a set of regulations was recently issued by the U.S. EPA. On December 20, 2012, the Agency issued a series of rules, primarily under...more

U.S. Supreme Court Overturns Effort To Hold Stormwater Permit Holder Liable For Condition Of Waters Passing Through

The United States Supreme Court, in a unanimous ruling, has acted to limit a potential liability of municipalities and other stormwater permit holders with respect to the condition of waters entering and passing through their...more

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

ADEM Backtracks On Its Effort To Require Remediation Agreements

The Alabama Department of Environmental Management (ADEM) has apparently ended its effort to require payment of fees to review groundwater assessments and remediation plans, at least for the time being. Approximately one...more

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