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|Summary of Changes in the Chemical Safety Improvement Act (CSIA, S. 1009) and the Boxer TSCA Version Released September 18, 2014|
Charles Auer, Lynn L. Bergeson; Bergeson & Campbell, P.C.;
October 6, 2014This analysis reviews the changes made to the original version of the Chemical Safety Improvement Act (CSIA) (identified as CSIA1 in this memorandum) based on Senator Barbara Boxer's (D-CA) version of the Toxic Substances Control Act (TSCA) reform legislation released on September 18, 2014 (Boxer...
|Article Discusses Environmental Issues Related to Petronas’ Proposed B.C. LNG Export Terminal|
Sutherland Asbill Brennan LLP;
October 3, 2014, previously published on September 30, 2014An article in The Globe and Mail discusses environmental issues related to Petronas’ proposed Pacific NorthWest LNG export terminal on Lelu Island, British Columbia (B.C.), including the potential impact of the terminal on the region’s salmon and steelhead trout habitat.
|Surprising But Welcome: California Federal Court Finds That Botched Cleanup May Create CERCLA Liability for California's Department of Toxic Substances Control (DTSC)|
Kim K. Burke; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 23, 2014In California Department of Toxic Substances Control v. Jim Dobbas, Inc., et al, 2014 WL 4627248 (E.D. Cal. Sept. 16, 2014), the United States District Court for the Eastern District of California held that DTSC’s actions in approving work plans and directing a site cleanup constituted...
|Connecticut Department of Energy and Environmental Protection Releases "Evaluation of Risk-Based Decision Making" With Public Comment Open Until September 30, 2014|
Christopher P. McCormack; Pullman & Comley, LLC;
September 30, 2014, previously published on September 12, 2014On August 29, 2014, the Connecticut Department of Energy and Environmental Protection (DEEP) released “Evaluation of Risk-based Decision Making,” a report prepared by CDM Smith under contract to the state. DEEP has now announced that it will accept public comments until September 30,...
|Frey v. EPA: Seventh Circuit Clarifies When Citizens Can Challenge Remediation|
Michele Richey; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 25, 2014In Frey v. EPA, 751 F.3d 461 (7th Cir. 2014) (“Frey III”), the Seventh Circuit ruled in favor of the Environmental Protection Agency (“EPA”) in a dispute concerning the sufficiency of a remedial clean-up plan for polychlorinated biphenyl (“PCB”) contaminated...
|Indiana Challenges EPA Carbon Rules|
Jeffrey D. Stemerick; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 17, 2014Indiana and 11 other states have launched a preemptive strike on the EPA’s proposed Clean Power Plan. The EPA proposed the Clean Power Plan on June 18, 2014, as part of a trio of proposed rules to limited carbon emissions from power plants. See 79 Fed. Reg. 34,830. The EPA’s Clean Power...
|New Jersey Coop Leads Army Base Solar Project|
Sutherland Asbill Brennan LLP;
September 25, 2014, previously published on September 17, 2014Sussex Rural Electric Cooperative (Sussex) is helping the U.S. Army install more than 500 Kws of solar panel capacity on a former Superfund site at Picatinny Arsenal near Morristown, New Jersey. Engineering for the project was completed under the Solar Utility Network Deployment Acceleration...
|Governor Signs New Laws Amending California's Urban Water Management Planning Act|
Best Best Krieger LLP;
September 25, 2014, previously published on September 24, 2014Under new amendments to California’s Urban Water Management Planning Act, urban water suppliers will be required to provide narrative descriptions of their water demand management measures and account for system water losses when preparing Urban Water Management Plans, among other changes....
|Michigan Court Of Appeals Holds Owner and Operator of an Underground Storage Tank Liable|
Charles E. Barbieri; Foster, Swift, Collins & Smith, P.C.;
September 25, 2014, previously published on September 10, 2014In an unpublished per curiam opinion issued on July 29, 2014, the Michigan Court of Appeals in Department of Natural Resources and Environment v Strefling Oil Company held that an owner and operator of an underground storage tank can be held liable under Part 201 of the Natural Resources &...
|Homeowners “Bluffed” Out Of Challenge To Coastal Permit To Rebuild Private Access Stairs|
Joshua Weiss; Sheppard, Mullin, Richter & Hampton LLP;
September 25, 2014, previously published on September 18, 2014The Court of Appeals for the Fourth Appellate District (Division One) has held that homeowners who accepted the benefit of a coastal development permit (“CDP”) for seawall reconstruction to protect their bluff-top homes cannot subsequently challenge the terms upon which the CDP was...