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Newsletter Articles

Voluntary Cleanup Held to Trigger Right of Indemnity Under Military Base Closure Act

February 26, 2013

The Defense Department has closed dozens of bases and other federal facilities in the past twenty years and is likely to close many more over the next several years as part of the belt-tightening needed to reduce the federal deficit. Many of these former facilities have been redeveloped. More »

EPA Finalizes Hazardous Air Emission Rules for Boilers and Process Heaters Affecting 90,000 Facilities

February 20, 2013

EPA’s standards for hazardous air emissions from boilers and process heaters, commonly referred to as “Boiler MACT,” were formally published on January 31, 2013.[1] Boilers and heaters that were constructed after June 4, 2010 must meet the new requirements immediately; older units must come into compliance over the next three years, unless cont More »

EPA Cannot Regulate Stormwater Flow, Only Pollutants in Stormwater

February 20, 2013

In a case of first impression, a federal court held last month that the Environmental Protection Agency (“EPA”) cannot regulate storm water flow in setting a total maximum daily load (TMDL) for impaired waters under the Clean Water Act (“CWA”).[1] The court found that EPA can only issue TMDLs for actual pollutants. More »

Roadless Rule Litigation Reaching End of the Road

February 11, 2013

After more than a decade of litigation over the management of roadless areas in national forests, several developments over the past months have brought this long and drawn-out fight nearly to a close. All but three states will be governed by the terms of the 2001 Roadless Rule, while Idaho’s and Colorado’s state-specific rules will govern roadless areas in those two states. More »

California Offset Program Upheld

February 11, 2013

Introduction

California’s carbon offset program was upheld on January 25, 2013 when Superior Court Judge Ernest Goldsmith rejected an effort by environmental groups in Citizens Climate Lobby and Our Children’s Earth Foundation v. California Air Resources Board, Case No. More »

Controversy Over LNG & Oil Exports Heats Up As Production Expands

February 11, 2013

In our article Energy Policy in the Second Obama Administration, we recently reported on a broad array of energy and energy-related environmental policies that will be addressed during President Obama’s second term – particularly policies that relate to the dramatic surge in domestic natural gas and oil produc More »

Tax Legislation Sets Up Race to “Begin Construction” of Renewables Facilities by Year-End

January 28, 2013

When Congress sent the “fiscal cliff bill” – officially known as the American Taxpayer Relief Act of 2012 (ATRA)[1] – to the President for signature in early January, it also provided a lifeline to renewable energy development by extending – in modified form — el More »

California Revisits CEQA, the State’s Controversial Environmental Review Statute

January 28, 2013

Introduction

California lawmakers are poised again this year to try to reform the state’s far-reaching environmental review statute known as “CEQA” – the California Environmental Quality Act. What may make this time different is the control of one party – the California Democratic Party – over both the Governorship and the state legislature. More »