An Illinois appellate court recently ruled that the 15 year post-closure monitoring requirement for sanitary landfills under the Illinois Environmental Protection Act sets the minimum, not maximum, period, and that that the operator will be required to continue post-closure monitoring if the
Environmental Law Next
Reporting on the Evolving Field of Environmental Law
Environmental Law Next, published by Freeborn & Peters LLP, focuses on developments in environmental regulation and litigation, particularly concerning emerging contaminants like PFAS. The blog covers federal and state regulatory updates, enforcement actions, and legal challenges related to water quality, air pollution, and waste management. It addresses topics such as EPA health advisories, Clean Air Act citizen suits, drinking water standards, and potential future regulations on landfill leachate. The content is aimed at tracking evolving environmental laws and policies affecting industries, public water systems, and environmental compliance.
Latest from Environmental Law Next - Page 5
Montana is the Latest State to Propose TENORM Regulations
By Ann Zwick
On August 18, 2017, the Montana Department of Environmental Quality (MDEQ) formally proposed regulations providing additional requirements for the management of technologically enhanced naturally occurring radioactive material (TENORM) waste, making Montana the latest state to propose such regulations. The proposed…
Environmental Enforcement Penalties Are Down Under the Trump Administration
By Ryan Rudich
Today, the Environmental Integrity Project released a report finding that in the first six months of the Trump administration, the federal government has collected 60% less in civil penalties in environmental enforcement actions than it did, on average, during the equivalent periods…
Michigan Legislature Proposes Bill To Further Regulate TENORM Disposal
By Ann Zwick
The Michigan legislature recently introduced Senate Bill 503 to tighten up Michigan’s existing disposal guidelines pertaining to TENORM or Technologically Enhanced, Naturally Occurring Radioactive Material. Michigan has always been ahead of the curve when it comes to TENORM regulation. Michigan’s…
Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se
By Ryan Rudich
A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et…
D.C. Court of Appeals Vacates Key Criterion for Determining Sham Recycling
Ever since the EPA’s 1985 rulemaking on the Definition of Solid Waste, 50 Fed. Reg. 614 (1985), the question of how one distinguishes legitimate recycling from sham recycling has puzzled both regulators and recyclers. The question is vital because sham…
Environmental Groups and States Are Challenging EPA’s Stay of Oil and Gas Well Methane Rule
Several environmental organizations have petitioned the D.C. Circuit Court of Appeals and moved to block EPA from implementing a 90-day administrative stay of the New Source Performance Standards covering methane emissions from oil and gas infrastructure. A group of states,…
USEPA and Army Corps Propose Rule to Rollback the Waters of the United States (WOTUS) Rule
By Ann Zwick
Yesterday, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers proposed a rule to rescind the 2015 Clean Water Rule and recodify the definition of “waters of the United States,” known as WOTUS, that existed before 2015.…
D.C. Circuit Stays Challenges to Oil and Gas Infrastructure Methane Rules
On May 18th, the D.C. Circuit Court of Appeals granted the EPA’s request to stay challenges to the New Source Performance Standards regulating methane emissions from oil and gas infrastructure, pending review of the rule in accordance with President Trump’s Energy…
North Carolina Adds New Protections for CAFOs Against Nuisance Lawsuits
By Ryan Rudich
By statute, North Carolina has capped the monetary awards available for nuisance claims related to agricultural or forestry operations. The law, H.B. 467, was designed to protect hog farms and other concentrated animal feeding operations (CAFOs) from substantial judgments in…