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|No Liability for Past Deeds|
Steven L. Hoch, Richard E. Stultz; Morris Polich & Purdy LLP;
October 6, 2016, previously published on September 26, 2016A case in the Third Circuit has held that the Pennsylvania Department of Environmental Protection (PADEP) may not, under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), recover costs from current landowners if the costs were incurred prior to the owner's purchase...
|Ninth Circuit Holds Endangered Species Act Treats Plants and Animals Differently|
Christopher G. Foster; Morris Polich & Purdy LLP;
October 6, 2016, previously published on September 26, 2016The Bureau of Land Management (BLM) manages a tract of desert called the Imperial Sand Dunes Special Recreation Management Area (Dunes) just north of the Mexican border in Imperial County, California, comprising in excess of 200,000 acres. In 2013, BLM adopted a Recreation Area Management Plan...
|New Emergency Rule in Florida Requires Responsible Parties to Quickly Notify Public of Pollution Spills|
Maribel N. Nicholson-Choice; Greenberg Traurig, LLP;
October 5, 2016, previously published on September 28, 2016On Sept. 26, 2016, Governor Scott ordered the Florida Department of Environmental Protection to immediately issue an emergency rule requiring immediate notification of pollution spills to the general public, FDEP, and local governments. FDEP provides a copy of the Governor’s order and related...
|Agencies Issue Joint Guidance Regarding Bulk Shipment of Hazardous Chemicals|
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
September 28, 2016, previously published on September 2016The Pipeline and Hazardous Materials Safety Administration ("PHMSA"), a division of the United States Department of Transportation, implements the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., which is the primary federal statute governing the transportation of...
|Environmental Assessment for Petronas Project Due Next Monday|
Sutherland Asbill Brennan LLP;
September 27, 2016, previously published on September 26, 2016CBC News reports that the Canadian Environmental Assessment Agency’s final environmental report on Petronas’s proposed Pacific NorthWest LNG (PNWLNG) export terminal near Prince Rupert, British Columbia is due to be released October 3. According to its website, PNWLNG announced a...
|EPA Announces Deadline Extension for 2016 TSCA CDR Submissions|
Thomas C. Berger, Martha E. Marrapese, David G. Sarvadi; Keller and Heckman LLP;
September 22, 2016, previously published on September 19, 2016EPA has announced that it will be formally extending the deadline for 2016 Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) submissions -- from September 30 to October 31. The extension is intended to be a one-time action, and will be published in the Federal Register.
|California Requires Significant New Greenhouse Gas Emission Reductions: Increases Oversight of the California Air Resources Board|
Daniel L. (Dan) Corbett, Thomas M. (Tom) Donnelly; Jones Day;
September 22, 2016, previously published on September 2016On September 8, 2016, California Governor Jerry Brown signed a pair of bills expanding California’s climate change programs and increasing legislative oversight of the lead agency tasked with implementing those programs. Senate Bill 32 ("SB 32") requires the California Air Resources...
|Never Let a Disaster Go To Waste|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
September 21, 2016, previously published on September 2016South central Louisiana experienced massive flooding in August, causing destruction on par with Hurricane Katrina and Superstorm Sandy. Nevertheless, some environmental groups seized the opportunity to advance their own agendas in the wake of the flooding.
|Dam Safety Ad Hoc Committee Update|
John Wienges; Nexsen Pruet LLC;
September 21, 2016, previously published on September 9, 2016David Wilson from the Department of Health and Environmental Control (DHEC) addressed the Dam Safety Ad Hoc Committee to give members an update on the current status of dams across South Carolina. He informed the Committee that DHEC has been working continuously with dam owners affected by last...
|Revised EPA Protection Standards for Farmworkers|
Bose McKinney Evans LLP;
September 16, 2016, previously published on September 8, 2016Beginning January 2, 2017, most of the revised EPA Worker Protection Standards (WPS) rules take effect. WPS covers pesticides that are used in the production of agricultural plants on farms, forests, nurseries and greenhouses. These regulations seek to protect and reduce the risks of injury or...