News Archive

  • 10.27.2020

    Environmental Notes - November 2020

    Click on the image below for a full PDF of the Environmental Newsletter.
  • 10.26.2020

    What’s Next for Environmental Regulation if Biden Wins?

    If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses.  Some changes can (and likely will) take place very quickly, with the stroke of a pen.  These could include revocation of certain EPA...
  • 10.26.2020

    EPA Policy of Once In, Always for CAA Section 112 Becomes Once In, Sometimes Out

    Section 112 of the federal Clean Air Act (CAA) requires major sources of hazardous air pollutants (HAPs) to, among other things, control emissions using the maximum achievable control technology (MACT).  A major source is a source that emits or has the...
  • 10.26.2020

    Scared of What Your Air Permit Really Means?: Top 5 Pitfalls

    It is a universal truth that closely reviewing an air permit will cure the worst case of insomnia.  Isn’t that why you hire a lawyer?  The pages are dense with legalese and technical jargon that make no practical sense.  There are nuances that require Clean...
  • 10.26.2020

    Modernizing the EPA Ignitability Test: Alcohol, Thermometers, and Multi-Phased Substances

    It took nearly thirty years, but EPA has updated the test methods used to determine whether a waste is an ignitable hazardous waste under the Resource Conservation and Recovery Act (RCRA).  The revisions are intended to provide greater clarity and flexibility...
  • 10.26.2020

    Climate Initiatives Will Impact Industry

    Current and future climate initiatives at the federal and state levels are having and will have very significant impacts on industry.  Most view climate initiatives as only a utility issue, but that is not the case. Across the country, industrial sources and...
  • 10.26.2020

    Beat the Clock: Timely Reporting of Releases of Hazardous Substances

    The obligation of manufacturing facilities to report releases of hazardous substances to local, state, or federal authorities is a complex regulatory subject. Multiple variables may impact whether a facility with a release to the environment can expect an...
  • 10.26.2020

    EPA Tries to Sink Environmental Groups Challenge to its Navigable Waters Rule

    In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent Navigable Waters Protection Rule (...
  • 10.26.2020

    EPA Takes Broad Action on Pesticide Devices

    The United States Environmental Protection Agency (EPA) is in the process of a regulatory crackdown, spurred by the current pandemic, which may have broader effects than meet the eye and which raises questions that do not have clear answers.  The subject of...
  • 10.26.2020

    Proposed Definition of “Habitat”: New Ground for Endangered Species Act Regulations

    The U.S. Fish & Wildlife Service and the National Marine Fisheries Service (together, the “Services”) recently issued a proposed rule adding a definition of “habitat” to the regulations implementing Section 4 of the Endangered Species Act (ESA).  Many...
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