New York’s Department of Environmental Conservation (DEC) recently proposed an environmental “audit incentive” policy, which is similar to the United States’ Environmental Protection Agency’s (EPA) long standing self-audit policy. In its draft policy, DEC encourages participation by waiving or reducing penalties for environmental violations that regulated entities discover through an environmental audit, and expeditiously report… Continue Reading
In this week’s Pennsylvania Law Weekly and Legal Intelligencer, I write about the motivations behind EPA’s potential delay of issuing a final rule that would limit carbon emissions from new power plants. The agency appears to be playing a high stakes game of political chicken that could provoke congress to pass standalone cap-and-trade legislation. Read Is EPA Playing Chicken With… Continue Reading
This week, the Supreme Court decided Lozman v. City of Riviera Beach, No. 11-626 (U.S. Jan. 15, 2013), holding that a floating house is not a “vessel” subject to federal admiralty jurisdiction. That ruling resolves a split in the circuits with implications for regulation of and litigation involving casinos, hotels, restaurants, and similar structures. Kerri… Continue Reading
The Federal Trade Commission (FTC) unanimously voted last week to finalize revisions to its “Guides for the Use of Environmental Marketing Claims,” also known as the “Green Guides.” This culminates a five-year regulatory process by the FTC that has included consumer perception surveys, workshops and public comment. The Green Guides as revised are effective immediately.
From Michael Cooke of GT Tampa: The U.S. Environmental Protection Agency has filed a petition seeking en banc review of the August 21, 2012, decision by a panel of the U.S. Court of Appeals for the District of Columbia Circuit that vacated EPA’s Cross-State Air Pollution Rule (“CSAPR”). (We posted the court’s opinion on August… Continue Reading
A recent enforcement case in USEPA Region I highlights the continuing regulatory risks posed to commercial property owners by building materials containing polychlorinated bi-phenyls (PCBs).
On August 22, the Securities and Exchange Commission promulgated Rule 13q-1 (Rule), which requires certain mineral extraction issuers to file an annual report disclosing payments they have made to the U.S. government and foreign governments in connection with the commercial development of oil, natural gas or minerals.
In a 2-1 decision issued today, the U.S. Court of Appeals for the District of Columbia Circuit ruled in EME Homer City Generation, L.P v. EPA, that the U.S. Environmental Protection Agency exceeded its statutory authority in adopting the Cross State Air Pollution Rule (CSAPR or Transport Rule). The D.C. Circuit found that EPA’s Transport Rule exceeded the agency’s authority on 2 separate grounds, both of which violated… Continue Reading
For well over a decade, the U.S. Environmental Protection Agency (EPA) has been in search of a regulatory approach to address post-construction stormwater discharges. In contrast to its regulations for stormwater discharges from construction sites, this initiative targeted stormwater discharges after a project has been developed or redeveloped. EPA’s efforts to regulate post-construction stormwater discharges… Continue Reading
Between March 2001 and September 2010, the U.S. Government reportedly paid out more than $21 million in attorneys fees and costs to successful litigants against it in ESA cases.
The Center for Biological Diversity gave 60-day notice of its intent to sue the U.S. Fish & Wildlife Service and the Department of Interior if the agencies fail to make findings regarding 25 species throughout the Southeast United States.
Michael Cooke of GT Tampa explains what to expect next in the judicial review of EPA’s Cross State Air Pollution Rule.
In light of a recent court order vacating an administrative stay of EPA’s new Boiler MACT rules, EPA has announced that it will exercise its enforcement discretion on new notification deadlines.
Michael Cooke of GT Tampa explains the areas of uncertainty that have arisen with regard to federal air regulation in the last few months.
The Council on Environmental Quality has released draft guidance designed to promote more efficient environmental reviews of projects subject to the National Environmental Policy Act (NEPA).
In this month’s weekly column, I discuss two recent Western District of Pennsylvania cases and the recurring issues related to the enforcement of the Clean Air Act’s prevention of significant deterioration and new source review programs.
EPA has adopted a Plan EJ 2014, which provides a strategy to address environmental justice into EPA’s activities.
President Obama has returned the draft final rule, “Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards,” to EPA.
On August 18, 2011, the Internal Revenue Service (IRS) issued final regulations regarding the types of facilities that qualify as “solid waste disposal facilities” under section 142(a)(6) of the Internal Revenue Code and therefore are eligible for financing with tax-exempt private activity bonds. In their GT Alert, Carla Young and Vanessa Albert Lowry examine the new regulations.
EPA’s withdrawal of its proposed rule imposing numeric turbidity standard and ongoing monitoring obligations on large construction sites’ stormwater discharges may signal a move from the use of numeric standards to regulate stormwater discharges.
The United States Fish & Wildlife Service announced that the eastern population of the gopher tortoise is eligible for protection under the Endangered Species Act.
The U.S. EPA and the U.S. Corps of Engineers have extended the comment period on the proposed joint guidance issued on May 2, 2011. The proposed guidance describes how the agencies will identify waters subject to regulation under Section 404 of the Clean Water Act, expanding the scope of Clean Water Act jurisdiction under existing guidance.
U.S. Corps of Engineers voluntarily dismisses its appeal to the Eleventh Circuit over wetlands regulations in New Hope Power Co. v. U.S. Corps of Engineers.
EPA’s indication that formaldehyde is a known human carcinogen may lead to increased toxic tort litigation.