By rule published in the Federal Register today, EPA is staying the New Source Performance Standards (NSPS) and Emissions Guidelines (EG) final rules for municipal solid waste landfills, in their entirety, for 90 days pending reconsideration. The rules are
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 6
Emails With An Environmental Consultant Are Not Protected by the Attorney-Client Privilege, But May Be Protected Under the Work-Product Doctrine Rules a Federal District Court in Indiana
By Ann Zwick
A federal district court in Indiana recently ruled on whether email communications with environmental contractors hired by an attorney are protected from discovery. In Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 1:14-cv-00006-RLM-SLC, 2017 WL 1361308 (N.D.
Kentucky Proposes Regulations to Address Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) Associated With Oil and Gas Exploration Activities
By Ann Zwick & Philip Comella
Filling in a gap in its regulations, Kentucky proposes new regulations for technologically enhanced naturally occurring radioactive materials or TENORM. The regulations were in response to concerns about the management of radioactive materials from oil and gas production. A public…
Post-Closure Involvement at Hazardous Waste Disposal Facility Found to be Grounds for “Operator” Liability Under RCRA
A North Carolina appeals court has ruled that a company may be an “operator” of a hazardous waste disposal facility under RCRA Subtitle C based solely on post-closure involvement at the site.
The case, WASCO LLC v. N.C. Dep’t of…
OMB Guidance Weakens President Trump’s Executive Order on Deregulation
By Ryan Rudich
The Office of Management and Budget (OMB) recently released a guidance document on the subject of President Trump’s January 30, 2017 executive order, EO 13771, titled “Reducing Regulation and Controlling Regulatory Cost.” That executive order garnered a great…
Presidential Executive Order Begins Rollback of the “Waters of the United States Rule”
By Ann Zwick
The rollback of the controversial Waters of the United States (WOTUS) Rule is underway. Last week, President Trump issued an Executive Order directing the Environmental Protection Agency (EPA) and the Department of the Army (Army) to review and rescind or…
Industry Groups Sue to Block Hazardous Waste Generator Improvements Rule
By Ryan Rudich
Nine trade associations, including the American Chemistry Council, the American Petroleum Institute, and the American Forest & Paper Association, have filed a Petition for Review challenging the EPA’s Hazardous Waste Generator Improvements Rule. The rule was developed by the Obama…
Stream Protection Rule Update
On February 16th, President Trump signed a bill repealing the so-called stream protection rule, which was designed to prohibit dumping of debris from mountaintop removal mining into valleys and streams below the mining activity. The rule was promulgated by the…
EPA Delays Implementation of All Pending New Rules
By Ryan Rudich
The EPA announced today that it is delaying the effective date of all regulations that have been published in the Federal Register but are not yet effective. There are 30 such regulations, all of which are now scheduled to become…
Subsurface Intrusion Pathway Will Now Be Considered During CERCLA Site Listing Process Under New EPA Rule
By Ryan Rudich
On January 9, 2017, EPA issued a final rule adding subsurface intrusion (SsI) as a component to the Hazard Ranking System (HRS), which is the mechanism that is used for determining the eligibility of sites for CERCLA’s National Priorities List…