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Adobe PDFEPA Issues Final Rule for Existing Cooling Water Intake Structures
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
On May 19, 2014, the Environmental Protection Agency (EPA) issued a final rule under Section 316(b) of the Clean Water Act that is meant to protect aquatic organisms, such as fish and shellfish, that are pressed against cooling water intake structures (impingement) or are pulled into a power...

 

Adobe PDFSuperfund Liability for September 11 Attacks
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
The tragedy of September 11, 2001 forced the Second Circuit of the Court of Appeals to address the application of an infrequently used affirmative defense to liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) in the In re September 11...

 

Adobe PDFEPA Proposes Phase I Environmental Site Assessment Protocol Requiring Vapor Intrusion Investigation
Morris Polich Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
The tragedy of September 11, 2001 forced the Second Circuit of the Court of Appeals to address the application of an infrequently used affirmative defense to liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) in the In re September 11...

 

Adobe PDFSupreme Court Rules that CERCLA Does Not Preempt State Statutes of Repose
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
In CTS Corp. v. Waldburger, the Supreme Court held 7-2 that Section 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt state statutes of repose, resulting in the dismissal of the landowners’ state law claims for water contamination...

 

HTMLIDEM Interprets AAI Rule to Run from Date of Beginning of Investigation
Jeffrey D. Stemerick, Bradley R. Sugarman; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 26, 2014, previously published on July 17, 2014
The Indiana Department of Environmental Management (“IDEM”) has updated forms related to obtaining a Comfort Letter or Site Status Letter for brownfields sites in Indiana. The purpose of the update was to address the timeline for compliance with the All Appropriate Inquiries...

 

HTMLAdministrative Penalties Regulation
Dionysios Rossi, Rick Williams; Borden Ladner Gervais LLP;
Legal Alert/Article
July 25, 2014, previously published on July 22, 2014
On June 23, 2014, the Ministry of Environment introduced an administrative penalty program to encourage compliance with the Environmental Management Act (the “EMA”) and the Integrated Pest Management Act (the “IPMA”). The Administrative Penalties Regulation (the...

 

HTMLMore Time to Comment on Expansive EPA Clean Water Proposed Rules: Deadline Extended
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 25, 2014, previously published on July 18, 2014
In April 2014, the Environmental Protection Agency published a proposed rule defining the “waters of the United States,” meaning the waters regulated by the government through the Clean Water Act (CWA). As has been widely reported in the farm media, many people have serious concerns...

 

HTMLConcerns Raised Over EPA Proposal for Upgraded Pollution Controls at Utah Coal Power Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
The U.S. Environmental Protection Agency (EPA) is considering a requirement that Deseret Power Electric Cooperative install upgraded pollution controls at its Bonanza Power Plant in Utah. A group of residents, businesses and community groups have raised concerns that the plant may be shut down if...

 

HTMLFERC Begins Pre-Filing Environmental Review of Louisiana LNG Energy Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
FERC has approved Louisiana LNG Energy, LLC’s (LLE) application to initiate the pre-filing environmental review process for LLE’s proposed Mississippi River Liquefied Natural Gas export facility in Plaquemines Parish, La. on the east bank of the Mississippi River. LLE proposes to...

 

HTMLFERC Issues Schedule For Environmental Review
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 8, 2014
FERC issued a Notice of Schedule for Environmental Review for the Jordan Cove Liquefaction and Pacific Connector Pipeline Projects. The planned schedule set February 27, 2015, as the date for the issuance of notice of availability of the final Environmental Impact Statement (“EIS”) and...

 


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