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|The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps|
Deana M. Bennett, Joan E. Drake; Modrall Sperling;
November 30, 2015, previously published on November 13, 2015Two federal courts have preliminarily halted the enforceability of the "Clean Water Rule"1 promulgated jointly by the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Corps") to define anew "waters of the United States," the...
|Ohio Supreme Court Rules on Ohio Dormant Minerals Act Case: Chesapeake Exploration, LLC. et al. v. Buell et al., 2015-Ohio-4551|
Pamela A. Bolton, Alexandra K. McCluskey; Leech Tishman;
November 27, 2015, previously published on November 10, 2015On November 5, 2015, the Supreme Court of Ohio ruled on its second case concerning the Ohio Dormant Minerals Act, O.R.C. 5301.56 (the “ODMA”) in Chesapeake Exploration, L.L.C. et al., v. Buell et al., 2015-Ohio-4551.
|Beachfront Management Bill S.139|
Bob Coble; Nexsen Pruet, LLC;
November 27, 2015, previously published on November 12, 2015South Carolina state Senator Ray Cleary’s Beachfront Management Bill S.139 has been scheduled for the Senate Environmental Subcommittee the morning of December 1, 2015.
|Role of Shorter Mineral Fibers in Causing Mesothelioma|
Waters Kraus LLP;
November 26, 2015, previously published on November 13, 2015Shorter mineral fibers — like chrysotile asbestos fibers — are toxic and should not be overlooked when studying the cause of mesothelioma and other lung diseases, believed Philip Cook, a former scientist with the U.S. Environmental Protection Agency (EPA).
|Coal Ash Ponds Threaten Health of Residents Nearby|
Waters Kraus LLP;
November 26, 2015, previously published on November 6, 2015Many Americans were reminded of the dangers of coal ash in 2014 when a Duke Energy power plant in North Carolina dumped 39,000 tons of the ash into the Dan River. Coal ash is the waste generated by coal-fueled power generation plants. Opinions are sharply divided on the toxicity of coal ash, which...
|U.S. Senate Passes Resolutions to Repeal Clean Power Plan|
Sutherland Asbill Brennan LLP;
November 20, 2015, previously published on November 19, 2015The United States Senate has approved two resolutions that express formal congressional disapproval of two rules promulgated by the Environmental Protection Agency limiting carbon emissions from new and existing power plants, including the controversial Clean Power Plan. The White House has...
|GOP Eyes Dodd-Frank and EPA|
McDonald Hopkins LLC;
November 10, 2015, previously published on November 6, 2015Between now and December 11, Democrats and Republicans in both chambers are tasked with passing a massive year-end spending bill. While Democrats are taking the position that this spending bill should be a "clean bill," meaning one without policy riders, Republicans in both chambers are...
|Senate Votes to Block Waterways Regulation|
McDonald Hopkins LLC;
November 10, 2015, previously published on November 6, 2015On Wednesday, the Senate voted to block a new Obama regulation regarding federal authority over small waterways. The 53 to 44 vote - which saw three Democrats join all but one Republican - could block the rule from being implemented. That is unlikely, however, considering President Obama’s...
|Sixth Circuit Issues Nationwide Stay of Clean Water Act Rule|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
November 6, 2015, previously published on October 29, 2015On October 9, 2015, the Sixth Circuit issued a nationwide injunction against federal enforcement of a rule defining “waters of the United States” (the Rule) under the Clean Water Act. Eighteen states had sought the stay in four separate actions, which were consolidated in the Sixth...
|Solving the Issue of Pharmaceuticals in Water is Physiologically Impossible|
Steven L. Hoch; Morris Polich & Purdy LLP;
November 6, 2015, previously published on October 29, 2015On September 25, 2015, the Environmental Protection Agency (EPA) published a new Pharmaceuticals Rule in the Federal Register. The EPA states that this “rule proposes a tailored, sector-specific set of regulations for the management of hazardous waste pharmaceuticals by healthcare facilities...