The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Welspun Tubular, LLC, (“Welspun”) entered into an August 25th Consent Administrator Order (“CAO”) addressing alleged violations...more
The United States Environmental Protection Agency (“EPA”) issued a July 24th Federal Register notice promulgating the final rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutions (“NESHAP”) for...more
The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more
7/21/2020
/ Air Pollution ,
Atomic Energy Act ,
CERCLA ,
Class Action ,
Clean Air Act ,
Damages ,
Environmental Impairment Liability Insurance (EIL Coverage) ,
Failure To Warn ,
Hazardous Substances ,
Negligence ,
Nuisance ,
Property Damage ,
RCRA ,
Remediation ,
Trespass
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 19th letter the applicability of the Hazardous Materials Regulations (“HMR”) to the transportation of internal combustion...more
The Court of Appeals of Indiana (“Court”) addressed in a June 10th Opinion issues relating to lead contaminated soil in a residential area. See State v. Alvarez by next friend Alvarez, 2020 WL 3068449 (Ind. Ct. App. June 10,...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 7th letter a question regarding the Hazardous Materials Regulations (“HMR”) applicable to certain packaging requirements....more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) announced on May 11th, its determination that the Federal Hazardous Materials Transportation Act (“HMTA”) preempts the State of Washington’s...more
The Appellate Court of Illinois (First District) (“Court”) addresses in an April 28th Opinion a challenge to the Illinois Department of Revenue (“Department”) assessment of a Use Tax on unused or virgin clean solvent....more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 31st letter the application of the Hazardous Materials Regulations (“HMR”) applicable to shipping papers.
PHMSA was...more
The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260.
The case involves whether, and to what extent, a discharge of pollutants...more
4/24/2020
/ Certiorari ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Hazardous Substances ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Spill Prevention Plans ,
Vacated ,
Waters of the United States ,
Wetlands
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 9th letter an issue arising out of the Hazardous Materials Regulations (“HMR”) involving placarding.
PHMSA was...more
The United States Environmental Protection Agency (“EPA”) announced it is proposing to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”).
The PM standard includes...more
The Montana Supreme Court (“Court”) in a March 11th Opinion addressed issues arising out of asbestos bodily injury claims against BNSF Railway Co. (“BNSF”). See BNSF Railway Co. v. Eddy, 2020 WL 1164045 (Mont. 2020).
The...more
The United States District Court for the District of New Mexico (“Court”) in a March 31st Order addressed a dispute regarding a state-issued hazardous waste disposal permit. See United States v. N.M. Env’t Dep’t, No. CV 19-46...more
The Tennessee Air Pollution Control Board (“TACB”) issued a March 4th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged air permit violation by State Industries, LLC (“State”). See...more
4/9/2020
/ Air Pollution ,
Carbon Emissions ,
Civil Monetary Penalty ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Manufacturing Facilities ,
Pollution Control ,
Regulatory Reform ,
Tennessee ,
Workplace Safety
The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 25th Notification of Evaluation titled:
Status of Clean Air Act State Implementation Plan Submittals and Approvals...more
4/7/2020
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Pollution Control ,
Regulatory Reform ,
State and Local Government ,
Workplace Safety
The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing.
Spill bucket and sump testing is required by 40 C.F.R. §...more
4/6/2020
/ ASTM ,
CERCLA ,
Contaminated Properties ,
Due Diligence ,
Environmental Assessments ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Hazardous Substances ,
Land Developers ,
Real Estate Market ,
Superfund ,
Vapor Intrusion
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a March 25th document titled:
Notice of Enforcement Policy Regarding Training Requirements (“Policy”)...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 2nd interpretive letter a question regarding the application of the Hazardous Materials Regulations (“HMR”) to...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 17th letter a question regarding the applicability of the Hazardous Materials Regulations (“HMR”) applicable to the...more
The United States District Court for the Northern District of California (“Court”) addressed in a November 18th Order a cost recovery action involving cobalt contamination. See Quantum Labs, Inc. v. Maxim Integrated Prods....more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 6th letter the Hazardous Materials Regulation (“HMR”) applicable to the marking requirements for a Department of...more
The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a November 26th letter a question addressing the Hazardous Materials Regulations (“HMR”) pressure...more
Mark S. Morgan authored an article in the December 13th Petroleum Marketers Association of America (“PMAA”) publication, PMAA Weekly Review titled:
U.S. DOT hazardous Material Requirements for Transporting “Empty” Skid...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an October 15th interpretive letter clarification of the Hazardous Material Regulation (“HMR”) pertaining to the classification of...more