EPA Plans New Toxics Reporting to Improve Environmental Justice
EPA has announced that it will expand Toxic Release Inventory ("TRI") reporting, with the intention to provide more transparency and...
Fifth Circuit: Citizen Suit Exposure for Thousands of Title 5 Deviations
On May 27, the U.S. Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a lower Texas court’s ruling that imposed a $0...
Supreme Court: Clean Water Act Jurisdictional Determinations Are Appealable Agency Actions
This week, the U.S. Supreme Court ruled in the Hawkes case[1] that a jurisdictional determination (“JD”) by the Army Corps of Engineers...
EPA Removes Exemptions for Emissions During Startup, Shutdown and Malfunctions
On May 22, 2015, USEPA issued a final rule that clarifies their position on exemptions and affirmative defenses to emissions during...
Ohio Publishes Conceptual Rules for Disposal of Fracking Wastes
Ohio EPA, Division of Materials and Waste Management (the “Agency”) has released the first draft of rules that will govern solid waste...
New Rules Governing Fracking on Public Land
On March 20, 2015 the U.S. Department of the Interior, Bureau of Land Management (“BLM”) released a final rule governing hydraulic...
The Great Keystone Debate
President Obama’s veto of the Keystone XL project last Tuesday rekindled the debate that has surrounded the TransCanadian pipeline...
Local government’s authority to regulate fracking minimized, but not eliminated
On February 17th, the Ohio Supreme Court ruled in Beck Energy v. Munroe Falls that local governments can not impose separate permitting...
Ohio EPA Releases Guidance on Disposal of Fracking Wastes at Municipal Landfills
This week, EPA released a letter sharing regulatory guidance on compliance requirements at landfills receiving solid waste generated from...
Unavoidable Malfunctions to Get Penalties Under EPA's New Proposal
On September 17, 2014, United States Environmental Protection Agency (“USEPA”) released a supplemental notice of proposed rulemaking that...
