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|EARL e-News: EPA Releases EJ Mapping and Screening Tool|
Ronald E. Cardwell; Nexsen Pruet, LLC;
June 26, 2015, previously published on June 17, 2015On June 10, 2015, EPA released EJScreen, an environmental justice (EJ) screening and mapping tool which replaced EJView, a previous publicly available EJ screening tool. EJScreen will provide EPA with a nationally consistent database and approach for combining environmental and demographic...
|EPA Updates its Audit Disclosure Policy|
James W. Potter; Nexsen Pruet, LLC;
June 26, 2015, previously published on June 2, 2015In April 2000, the EPA issued its "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," 65 Federal Register 19, 618 (4/11/2000) (known as The Audit Policy). The purpose of a company's self-disclosure of a potential violation is to avoid criminal...
|EARL e-News: EPA's Carbon Dioxide Plan Can Proceed|
Charles S. Carter; Nexsen Pruet, LLC;
June 26, 2015, previously published on June 12, 2015On June 9th, the U.S. Court of Appeals for the District of Columbia Circuit rejected two petitions seeking to block EPA’s proposed Clean Power Plan to reduce carbon dioxide emissions from existing electric generating plants. A three judge panel of the court held that since EPA’s plan is...
|EPA Proposes Renewable Fuel Standard Modification to Address Market Constraints, Yet Leaves Uncertainty for Future Targets|
Casey F. Bradford, Thomas M. Donnelly, Kevin P. Holewinski, Nancy MacKimm, Charles T. Wehland; Jones Day;
June 26, 2015, previously published on June 2015Exercising its authority under the Clean Air Act ("CAA"), the U.S. Environmental Protection Agency ("EPA") proposes reducing the statutory targets for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuels for 2014, 2015, and 2016. The May 2015...
|FERC to Prepare EIS for Port Arthur LNG Project|
Sutherland Asbill Brennan LLP;
June 26, 2015, previously published on June 25, 2015FERC has issued a notice of its intent to prepare an environmental impact statement (EIS) for Sempra LNG affiliate Port Arthur LNG’s proposed liquefaction and export terminal project and interconnected pipeline near Port Arthur, Texas. As proposed, the liquefaction facilities will consist of...
|Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule|
Kerri L. Barsh, John V. Chibbaro, Michael G. Cooke, H. Hamilton Hackney, Hayley E. Neal; Greenberg Traurig, LLP;
June 25, 2015, previously published on June 19, 2015More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of pollutants to “navigable waters” without a permit, the Act expressly limits its protections to...
|Industry’s Response to EPA Proposed Nano Rule|
Jo Anne Shatkin, Katy E. Ward; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 25, 2015, previously published on June 22, 2015EPA held a public meeting on June 11, 2015 on EPA’s Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA).
|Indian Reserved Water Rights: Groundwater Included|
Maria O'Brien, Sarah M. Stevenson; Modrall Sperling;
June 25, 2015, previously published on June 19, 2015Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,1 the reservation generally includes some amount of water...
|The Environmental Protection Agency/Army Corps Of Engineers Waters Of The United States Rule (May 27, 2015)|
Stanley A. Millan; Jones Walker LLP;
June 24, 2015, previously published on May 29, 2015This new final rule covers Clean Water Act regulatory jurisdiction, including programs on oil discharges, hazardous substance discharges and reportable quantities, National Pollutant Discharge Elimination System “end of the pipe” discharges, and wetlands. Wetlands are the most...
|CERCLA, Lone Pine Orders, and Daubert Motion|
Ryan C. McKim; Morris Polich & Purdy LLP;
June 24, 2015, previously published on June 8, 2015In Asarco LLC v. NL Industries, Inc., 2015 WL2453491, the United States District Court for the Eastern District of Missouri issued a Lone Pine order in a case for contribution under Section 113 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). As the court noted,...