Newsletter Articles

D.C. Circuit Strikes Down EPA Cross-State Air Pollutions Rules (Again)

September 25, 2012

In a 2-1 split decision, the D.C. Circuit Court of Appeals has rejected EPA’s most recent attempt to regulate cross-state air pollution from the electric power, natural gas, and coal industries. EME Homer City Generation v. EPA, No. 11-1302, 2012 WL 3570721 (D.C. More »

Hydraulic Fracturing Cumulative Impacts Must Be Considered in NEPA Review of Gas Pipeline, Project Opponents Maintain

September 25, 2012

Novel arguments are being made in a closely followed NEPA case in the Northeast. More »

California Pursuing New Approach to Chemicals Regulation

September 13, 2012

California has once again gone its own way on the environment – this time, with new regulations governing chemical exposure. More »

End of a Long Road, Beginning of Another: Oregon’s Integrated Water Resources Strategy is Finally Adopted

September 13, 2012

Benjamin Franklin once said that when the well runs dry, we realize the value of water. The Integrated Water Resources Strategy is a long-overdue assessment that reflects how we value water here in the state of Oregon. Fortunately, our well hasn’t run dry, and with this kind of strategic planning, it won’t.

Sixth Circuit Rejects EPA’s Aggregation of Air Emissions, Easing Permit Burden for Oil and Gas Industry

August 23, 2012

In a split opinion, a federal appellate court has rejected EPA’s long-standing practice of requiring oil and gas producers to aggregate emissions from dispersed production wells, flares, and processing facilities. EPA’s practice of aggregating emissions from smaller sources often brings them within the “major source” category of the Clean Air Act and triggers Title V permitting requirements. More »

Supreme Court Asked to Resolve Interplay Between CERCLA Cost Recovery and Contribution Provisions

August 23, 2012

The Supreme Court is considering a petition for review regarding the interplay between CERCLA Sections 107 and 113, the law’s cost recovery and contribution provisions. The petition for certiorari in Solutia, Inc. v. McWane, Inc. More »

Cities Split on Whether EPA’s New “Flexible” Stormwater Management Policy Will Save Money

August 16, 2012

Municipal governments are reviewing a new EPA policy that uses “adaptive management” tools to achieve compliance with combined sewer overflow and stormwater management requirements under the Clean Water Act (CWA).[1] The policy, EPA’s Integrated Municipal Stormwater and W More »

No Means No: EPA Told Again Not to Regulate Through Guidance

August 16, 2012

The U.S. District Court for the District of Columbia has ruled that U.S. EPA overstepped its authority under the Clean Water Act (CWA)[1] and the Surface Mining Control and Reclamation Act (SMCRA) and infringed on state authority under those statutes when it issued a “Final Guidance” for so-called mountain-top removal coal mining. More »