Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
6/4/2024
/ Administrative Procedure Act ,
Air Pollution ,
Boiler MACT Rule ,
Brownfield Properties ,
Certification Requirements ,
Clean Water Act ,
Coastal Real Estate ,
Department of Environmental Quality ,
Energy Sector ,
Environmental Policies ,
Health and Safety ,
Infrastructure ,
New Legislation ,
Permits ,
Public Health ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
Sackett v EPA ,
State Budgets ,
Toxic Chemicals ,
Wastewater ,
Wetlands
On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more
3/28/2022
/ Air Pollution ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Mercury ,
PFAS ,
Public Utility ,
Sackett ,
SCOTUS ,
Toxic Chemicals ,
Waters of the United States ,
Wetlands
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
1/12/2021
/ Administrative Procedure Act ,
Air Pollution ,
Biden Administration ,
Clean Water Act ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Regulatory Agenda
If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more
6/7/2019
/ Air Pollution ,
BFPP ,
Cap-and-Trade ,
Carbon Emissions ,
CERCLA ,
Chesapeake Bay ,
Clean Water Act ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater Management Plan ,
Hazardous Waste Pharmaceuticals Rule ,
NGOs ,
Pollution Control Board ,
Real Estate Development ,
State Funding ,
TMDL
Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more
2/14/2018
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Pollution Control ,
Regulatory Reform ,
Title V
Earlier this year, EPA announced revised National Enforcement Initiatives (“NEIs”) beginning October 1, 2016 for fiscal years 2017-2019. Among other areas of concentration, EPA’s NEIs include the expansion of a previous air...more
A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more
8/12/2016
/ Air Pollution ,
Clean Air Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
Permits ,
Proposed Regulation ,
SSM Periods ,
State Implementation Plans (SIPs) ,
Title V
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION -
The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
7/20/2016
/ Administrative Procedure Act ,
Air Pollution ,
Chemical Safety for the 21st Century Act ,
Clean Air Act ,
Clean Water Act ,
Comment Period ,
Construction Industry ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Final Action ,
Final Rules ,
Hawkes Co v United States Army Corps of Engineers ,
Jurisdictional Determination (JD) ,
Land-Use Permits ,
Manufacturers ,
MATS ,
Mining ,
Occupational Exposure ,
OSHA ,
Power Plants ,
Proposed Amendments ,
Sackett ,
SCOTUS ,
Shipbuilding ,
Silica ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more
5/20/2016
/ Air Pollution ,
Clean Air Act ,
Coal Ash ,
Consent Decrees ,
Deepwater Horizon ,
Department of Environmental Quality ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Environmental Crimes ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Groundwater ,
Hazardous Communication Standard ,
Hazardous Waste ,
Individual Accountability ,
OSHA ,
RCRA ,
Safety Data Sheets ,
Sierra Club ,
Solid Waste ,
SSM Periods ,
Superfund ,
Toxic Chemicals ,
Training Requirements ,
Utilities Sector ,
Workplace Safety ,
Yates Memorandum
EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more
EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more
4/27/2016
/ Air Pollution ,
Chemical Spills ,
Clean Water Act ,
Climate Change ,
Comment Period ,
Confidential Information ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FOIA ,
Hazardous Waste ,
Obama Administration ,
OSHA ,
Penalties ,
Power Plants ,
Wastewater ,
Workplace Hazards