PFAS in Focus: Forever-Engineering With Trent Stober, HDR - Reflections on Water Podcast
PFAS in Focus: Wastewater Utility Perspectives From Jay Hoskins, Metropolitan St. Louis Sewer District - Reflections on Water Podcast
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more
Two individuals filed a Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“Board”) challenging an Underground Injection Control (“UIC”) Class II-D...more
Late last month, in Munoz v. Intercontinental Terminals Company, the 5th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that, consequently, where oil and...more
The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more
On May 4, 2023, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a long-awaited notice of proposed rulemaking (NOPR) titled “Pipeline Safety: Gas Leak Detection...more
Biden to crack down on polluters in poor and minority communities Bullet Associated Press - May 5 The Biden administration on Thursday announced a wide-ranging enforcement strategy aimed at holding industrial polluters...more
Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) published a proposed rule requiring certain facilities to prepare Facility Response Plans (FRPs) for responding to worst case discharges...more
Climate change threatens nearly one third of U.S. hazardous chemical facilities - NPR – March 2 - Nearly one third of the hazardous chemical facilities in the United States, including many sites in California, are at...more
Supreme Court to weigh limits on reach of Clean Water Act - Associated Press – January 25 - The U.S. Supreme Court agreed on Monday to hear an appeal that will test the limits of federal jurisdiction under the Clean...more
Bill targeting PFAS and PFOS chemicals reintroduced in House - Courthouse News Service – April 13 - On Tuesday, the bipartisan PFAS Action Act was introduced for the second time in the U.S. House of Representatives,...more
EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more
DEEP does not currently have regulations in place governing release/spill reporting. The regulations proposed in 2009 required that all spills over one gallon in volume and all historical spills be reported. Those have...more
As discussed in our prior alert and reported on by the New York Times, U.S. oil producers are scrambling to find storage to wait-out the COVID-19-driven supply glut and depressed market prices. Converting non-conventional...more
As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more
February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more
Federal legislation has been introduced into the United States House of Representatives to designate all PFAS chemicals as Comprehensive Environmental Response Compensation Liability Act (“CERCLA”or “Superfund”) hazardous...more
The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more
The United States Environmental Protection Agency (“EPA”) announced in an April 25th news release that it had awarded $300,000 to the East Arkansas Planning and Development District(“East District”). The East District is...more
The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more
On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more
Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more
Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more
Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more
The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities. On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more
FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more