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HTMLIndependent Scientific Panel Faults the EPA’s Landmark Hydraulic Fracturing Study
Bernadette M. Rappold; Greenberg Traurig LLP;
Legal Alert/Article
August 24, 2016, previously published on August 15, 2016
In a detailed, 180-page report released Aug. 11, the EPA’s Science Advisory Board (SAB) faulted the clarity and conclusions of the agency’s landmark study on the environmental impacts of hydraulic fracturing, the high-pressure injection of water, sand and chemicals to break open shale...

 

Adobe PDFThe Eighth Circuit Circumscribes the Clean Air Act’s Citizen Suit Provisions
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
August 23, 2016, previously published on June 22, 2016
In a June 8, 2016, opinion, the Eighth Circuit Court of Appeals affirmed the U.S.D.C. for the Eastern District of Arkansas’s decision that it lacked subject matter jurisdiction to hear a citizen suit under the Clean Air Act (CAA). Nucor Steel-Arkansas v Big River Steel LLC 2016 WL 3184491...

 

Adobe PDFWhen Grammar Fails, Common Sense Prevails: So Holds a Texas Federal Court in a Recent Arranger Liability Case
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In MEMC Pasadena, Inc. v. Goodgames Industrial Solutions, LLC, 143 F. Supp. 3d 570 (S.D. Texas 2015), Plaintiff MEMC Pasadena, Inc. (“MEMC”), a silicon wafer manufacturer, brought an action against its waste disposal broker, Goodgames Industrial Solutions, LLC (“GIS”)...

 

Adobe PDFDisposal by Wind is not a Disposal
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
The Ninth Circuit Court of Appeals has ruled that a Canadian mining company is not liable for environmental damage potentially caused by its operation in Canada that finds its way over the border due to the wind. The basis of the ruling is that the company, Teck Cominco Metals (“Teck”),...

 

Adobe PDFCongress Sees the Light: TSCA Reformed
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In an increasingly rare bipartisan move, Congress approved a major revision of the Toxic Substances Control Act (TSCA) and sent H.R. 2576 to the Oval Office for signature. President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act into law on June 22, 2016. TSCA has not...

 

Adobe PDFNinth Circuit Rejects Environmental Review of Wind Energy Project
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
Columbia Energy Partners, a private energy developer, proposed to build a 104-megawatt wind energy facility in southwestern Oregon. However, as the Court of Appeals aptly noted, “Renewable energy projects, although critical to the effort to combat climate change, can have significant adverse...

 

Adobe PDFIn an Effort to Harmonize, Modernize, EPA Proposes Amendments to NPDES Regulations
Steven L. Hoch, Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
On May 18, 2016, the United States Environmental Protection Agency (USEPA) published a number of proposed amendments to the National Pollutant Discharge Elimination System (NPDES) regulations it believes will address the NPDES application, permitting, monitoring, and reporting requirements that...

 

Adobe PDFEPA Increases Civil Penalties
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
Thanks to the amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990, penalty amounts are dramatically increasing for each of the statutes that the Environmental Protection Agency administers that permit the assessment of civil penalties. The EPA’s interim final rule...

 

Adobe PDFCalifornia Proposes Adopting New Permit Program for Wetlands and Waters of the State
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
On June 17, 2016, the State Water Resources Control Board (State Board) proposed adoption of amendments to various regulations relating to discharges of dredged or fill material to waters of the state that are not protected by the federal Clean Water Act (CWA). The State Board also published a...

 

Adobe PDFSupreme Court Confirms Immediate Judicial Review of Approved Jurisdictional Wetland Delineations
Summer L. Nastich; Morris Polich Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
The Supreme Court wrote the latest chapter in the Waters of the United States book in United States Army Corps. of Engineers v. Hawkes Co., Inc. (2016) 136 S.Ct. 1807. At issue in Hawkes is whether approved jurisdictional wetlands delineations (“JDs,” not to be confused with the degrees...

 


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