Monthly Archives: February 2016

Coal Ash Disposal – Coal Combustion Residuals in WV

On October 19, 2015, Disposal of Coal Combustion Residuals from Electric Utilities final rule became effective that regulates the disposal of coal combustion residuals (“CCR”), otherwise known as coal ash, generated from coal-fired power plants. The rule was promulgated under subtitle D of the Resource Conservation and Recovery Act (“RCRA”). Prior to this date, CCR… Read More »

Accidental Release Prevention Requirements: Risk Management Programs CAA 112(r)

EPA has circulated a pre-publication rule change to its CAA §112(r) Risk Management Planning program regulations at 40 CFR Part 68. These proposed revisions will result in changes to the accident prevention program requirements, as well as enhancement to the emergency response requirements, and improvements to the public availability of chemical hazard information. The comment… Read More »

Sixth Circuit Decides It Can Hear Clean Water Rule Challenges

The EPA and the Army Corps of Engineers (“Agencies”) narrowly prevailed in their arguments that jurisdiction to review the Clean Water Rule (“Rule”) lies with the Circuit Court of Appeals and not the District Courts. In a 2-1 decision issued on Monday, the Sixth Circuit ruled that while the plain language of the Clean Water… Read More »

EPA Ordered to Promulgate Hazardous Substance Spill Prevention Regulations

On February 16, 2016, the Environmental Protection Agency (“EPA”) and the Environmental Justice Health Alliance for Chemical Policy Reform, Natural Resources Defense Council, and other environmental groups, entered into a Consent Decree that requires the EPA to issue proposed regulations “establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of hazardous-substances… Read More »

New ESA Critical Habitat Rules Expand Federal Authority and Add Uncertainty

On February 11, 2016, the United States Fish & Wildlife Service (“FWS”), together with the National Marine Fisheries Service (“MFS”) (collectively “Services”) published two final rules and a final policy that purport to clarify their procedures for listing species under the Endangered Species Act (“ESA”) and designating and revising critical habitat for listed species. Hundreds… Read More »

The Clean Power Plan Stay Draws A Wide Range of Responses

The U.S. federal court system is very busy these days managing the Obama administration’s efforts to develop and implement the nation’s environmental policy on Climate Change.  On February 9, 2016 the U.S. Supreme Court weighed in on the pending litigation of the Clean Power Plan before the U.S. Court of Appeals for the District of… Read More »

US EPA Proposes Changes to 40 CFR 98 Subpart W

The United States Environmental Protection Agency (US EPA) proposes to change 40 CFR 98 subpart W ( Greenhouse Gas Reporting – Petroleum and Natural Gas Systems). See, 81 Fed. Reg. 4987 (January 29, 2016). Certain equipment and processes related to onshore natural gas process, onshore natural gas transmission compression, underground natural gas storage, LNG storage,… Read More »