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...
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...
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...
Environmental Law Update - EPA Proposes New Guidelines Governing Disposal of Dental Amalgam
Under a recently proposed rule, dental offices would be required either to not handle dental amalgam, or else do baseline and annual...
EPA Proposes New 2014 Effluent Guidelines Program Plans
EPA announced its Final 2012 Effluent Guidelines Program Plan and Preliminary 2014 Effluent Guidelines Program Plan on September 16,...
Supreme Court Update: Time Barring CERCLA Claims on Contaminated Sites
If you have purchased property within the last ten years, and there is a chance hazardous wastes are located on site, you may be running...
