The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL)...more
Key Takeaways -
• What Happened?
1. MDE proposed regulations for Building Energy Performance Standards (BEPS). Covered buildings would be required to measure and report energy use, and meet interim and final...more
Key Takeaways -
• Effective February 13, 2023, parties may rely on ASTM E1527-21 to satisfy All Appropriate Inquiries (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42...more
The U.S. Supreme Court on April 6, 2022, issued an emergency order reinstating the Trump Administration’s rule governing Section 401 of the Clean Water Act. The rule imposes limits on the timing and scope of a State or...more
Overview -
On December 2, 2020, EPA published its final decision declining to impose financial assurance requirements under section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act...more
Key Takeaways -
• What Happened: EPA finalized new procedures for issuing, identifying, and maintaining Agency guidance documents....more
On August 31, the U.S. Environmental Protection Agency (EPA) will terminate its March 26, 2020 policy that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy identified...more
EPA has recently confirmed that it is reviewing its March 26, 2020 guidance that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy, described in a prior Beveridge and...more
The U.S. Environmental Protection Agency (EPA) published a final rule to interpret the requirements for water quality certification under section 401 of the Clean Water Act. This Section grants states and approved tribes the...more
Summary -
Stakeholders in the regulated community have a unique but time-limited opportunity to petition the U.S. Environmental Protection Agency (EPA) and other federal agencies to either add or remove specific guidance...more
Summary -
Private landowners at a federal Superfund site cannot use state law claims to require additional remediation without advance EPA approval, based on a limitation in the Comprehensive Environmental Response,...more
4/23/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
Key Takeaways -
• What Happened: On April 10, 2020, EPA issued a memo, Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19, that outlines considerations for reconciling remediation schedules with the...more
On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more
The Coal Combustion Residuals (CCR) Rule, first issued in April 2015, regulates the disposal of coal ash in landfills and surface impoundments under Subtitle D of the Resource Conservation and Recovery Act. It provides...more
On July 29, 2019, EPA issued updated guidance on the “Common Elements” of the innocent landowner defenses under the Superfund statute: the Comprehensive Environmental Response, Compensation, and Liability Act....more
Today, EPA published a proposal to amend the regulations in 40 CFR Part 257, Subpart D, governing the disposal of coal combustion residuals (“CCR” or coal ash) in landfills and surface impoundments. The proposed rule is the...more
EPA Administrator Scott Pruitt has announced a set of Task Force recommendations that are aimed at improving the Superfund program. The Agency’s adoption of these recommendations is another indication that demonstrable...more
On May 9, 2017, EPA Administrator Scott Pruitt issued two new delegations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) that limit to the Administrator (and possibly the...more
March 6 marked the final day for the introduction of bills in the Maryland General Assembly without a rules suspension. Below are highlights of environmental or related public health bills under consideration in the Maryland...more
In a case of first impression, this week, the Ninth Circuit Court of Appeals held that the owner of a Canadian smelter was not liable as a person who “arranged for disposal” of hazardous substances when it emitted those...more
On May 13, 2016, EPA proposed to amend several provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAPs): Site Remediation. The Site Remediation Rule currently exempts from hazardous air pollutant...more
Maryland’s annual legislative session ended on April 13, 2015, and with the close of the session came new legislation that affects environmental regulation in Maryland....more
Today EPA issued a final rule regulating coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). This ends years of speculation regarding whether EPA might decide...more
The Maryland Department of the Environment (MDE) proposed hazardous substance reporting obligations on Friday, October 31, 2014. These regulations would implement Environment Article §7-222(d), amended in 2008, requiring...more