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Documents on Environmental Law
 

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HTMLEPA Issues New Vapor Intrusion Guidance
Heidi Hughes Bumpers, Kevin P. Holewinski, Nancy MacKimm, John A. Rego, Charles T. Wehland; Jones Day;
Legal Alert/Article
May 1, 2013, previously published on April 2013
On April 16, the U.S. Environmental Protection Agency ("EPA") released two new draft vapor intrusion guidance documents for public comment. The new guidance replaces EPA's draft 2002 policy and sets out significantly expanded investigation and remediation requirements.

 

HTMLComer II: Is "If At First You Don't Succeed, Try, Try Again" a Valid Legal Strategy?
Kevin P. Holewinski; Jones Day;
Legal Alert/Article
February 10, 2012, previously published on Winter 2012
Comer, et al. v. Murphy Oil USA, et al., No. 1:11-cv-00220 (S.D. Miss.) ("Comer II"), is a class-action complaint brought by Mississippi residents that is nearly identical to another action, Comer, et al. v. Murphy Oil USA, et al., No. 1:05-cv-00436-LG-RHW ("Comer I"),...

 

HTMLSupreme Court Holds that Clean Air Act Displaces Federal Common Law on Greenhouse Gas Emissions
Shimshon Balanson, Kevin P. Holewinski; Jones Day;
Legal Alert/Article
July 15, 2011, previously published on Summer 2011
On June 20, 2011, the United States Supreme Court issued a decision barring state and private parties from bringing federal common law nuisance actions based on alleged contribution to climate change through greenhouse gas emissions. American Electronic Power Co. v. Connecticut, 546 U.S. (2011)....

 

Adobe PDFEPA Proposes Hazardous Air Pollutant Emission Limits for Electric Generating Units
Thomas M. Donnelly, G. Graham Holden, Kevin P. Holewinski, Kristin L. Parker, Charles T. Wehland; Jones Day;
Legal Alert/Article
March 29, 2011, previously published on March 2011
On March 16, 2011, the U.S. Environmental Protection Agency (EPA) proposed a rule (the EGU MACT Proposal) containing the first national standards to reduce hazardous air pollutant (HAP) emissions from new and existing coal- and oil-fired electric utility steam generating units (EGUs). The EGU MACT...

 

HTMLRegulation of Chemicals in Consumer Products
Thomas M. Donnelly, Kevin P. Holewinski, Charles M. Hungerford; Jones Day;
Legal Alert/Article
February 8, 2011, previously published on February 2011
Environmental agencies are taking more aggressive steps to regulate the content of consumer products. On the national level, EPA has released draft guidance expanding on how it conducts "alternatives assessments," which EPA uses to identify safer alternatives to targeted chemicals found...

 

HTMLThe FDA Food Safety Modernization Act: Tackling the FDA's Ability to Prevent, Detect, and Respond to Foodborne Illness Outbreaks
Daniella A. Einik, Noel J. Francisco, Kevin P. Holewinski; Jones Day;
Legal Alert/Article
January 7, 2011, previously published on January 2011
After a tumultuous trip through Congress, President Obama signed the FDA Food Safety Modernization Act on January 4, 2011. The law is the first overhaul of the country's food safety legislation since the Federal Food, Drug, and Cosmetic Act was passed in 1938 and focuses on three major areas of...

 

Adobe PDFEPA Delays Greenhouse Gas Permits for Manufacturing Plants
Thomas M. Donnelly, G. Graham Holden, Kevin P. Holewinski, John A. Rego, Charles T. Wehland; Jones Day;
Legal Alert/Article
April 19, 2010, previously published on April 2010
On April 2, 2010, EPA published a notice delaying the date when PSD and Title V regulations will apply to greenhouse gases (“GHGs”) until after January 2, 2011. Originally, the requirements were thought to take effect on the date EPA finalized the GHG emissions standards for vehicles....

 

Adobe PDFEPA Proposes to Add Oil and Natural Gas, Carbon Sequestration, and Fluorinated Gas-Emitting Facilities to Greenhouse Gas Reporting System
Thomas M. Donnelly, G. Graham Holden, Kevin P. Holewinski, John A. Rego, Charles T. Wehland; Jones Day;
Legal Alert/Article
April 19, 2010, previously published on April 2010
On March 23, 2010, the U.S. Environmental Protection Agency (“EPA”) announced a set of proposed rules that would expand the scope of the nation’s new greenhouse gas (“GHG”) reporting system, codified at 40 C.F.R. part 98. EPA finalized the first mandatory GHG reporting...

 

HTMLSEC Issues Guidance on Disclosures Related to Climate Change
Robert T. Clarkson, Thomas C. Daniels, Kevin P. Holewinski, Ronald R. Janke, Christopher M. Kelly, Richard M. Kosnik, Timothy J. Melton; Jones Day;
Legal Alert/Article
March 9, 2010, previously published on February 2010
On January 27, 2010, the SEC issued an interpretive release regarding climate change disclosure. In connection with the issuance of the release, the SEC stressed it was not taking any position on the world's climate change but merely providing guidance regarding existing disclosure rules.

 

HTMLU.S. EPA's Issuance of Waiver to California to Adopt Vehicle Greenhouse Gas Standards Clears Path for Pending Appeal of Such Standards in Vermont
Kevin P. Holewinski; Jones Day;
Legal Alert/Article
July 14, 2009, previously published on Summer 2009
The June 30, 2009, decision by U.S. EPA Administrator Lisa Jackson to grant California's request for a Clean Air Act waiver enabling California to implement greenhouse gas emissions limits for cars and light trucks is likely to remove one legal hurdle to resolution of a pending legal challenge...

 


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