Stronger Air Rules Predicted as EPA Drops Defense of Regulations From Bush Years
Special report by BNA staff says the Environmental Protection Agency is set to overturn a number of Bush administration air pollution rules in a move that could require power plants to install new controls for mercury emissions and force counties across the country to implement new strategies to meet air quality standards. No.v 13, 2009. 6 pp.
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California v. Equilon Enterprises LLC, Cal. Super Ct., No. RG09475973
Settlement with the state of California requires Shell Oil to pay $19.5 million to resolve alleged violations of California’s hazardous waste and underground fuel storage laws. Nov. 6, 2009. 19 pp.
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Profit or Profiteering: The Growing Fight Over ‘Double Recovery’ in CERCLA
Analysis & Perspective article written by Peter E. Seley and Stacie B. Fletcher of Gibson, Dunn & Crutcher LLP, discusses the superfund law’s limitation on “double recovery,” focusing on three recent cases in which the courts adopted “an expansive limitation on CERCLA claimants’ rights.” The authors argue that such a limitation on CERCLA claims is contrary to congressional intent and the language of the statute. Nov. 5, 2009. 7 pp.
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Climate Litigation: New Approaches to Climate Control Mean New Issues to Litigate
Analysis article by Michael J. Steel, a partner with Morrison & Foerster’s Cleantech and Land Use and Environmental Law groups, discusses administrative developments in GHG regulation, the potential for congressional action, as well as recent court decisions in global warming suits, concluding that a wave of litigation is likely. Oct. 29, 2009. 10 pp.
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Is Your Organization Positioned to Meet the Challenge of Climate Change?
Analysis article written by Daniel M. Kreeger, cofounder and executive director of the Association of Climate Change Officers, examines the risks and opportunities related to climate change for businesses, nonprofit institutions, and governmental organizations and explores the emerging role of the climate change officer. Oct. 26, 2009. 10 pp.
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American Nurses Association, et al. v. Jackson, D.D.C., No. 08-02198
Proposed consent decree with several environmental and public health organizations calls for the Environmental Protection Agency to propose technology-based standards to control emissions of mercury and other air toxics from fossil fuel-fired power plants by March 2011. Oct. 22, 2009. 9 pp.
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Incorporating Energy Performance, Sustainability of Buildings into Environmental Due Diligence
Analysis article, written by Mark J. Bennett and Douglas J. Feichtner, looks at recent trends related to climate change and sustainability and their impacts on environmental due diligence. Oct. 16, 2009. 11 pp.
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Fundamental Changes Could Be in Store for Regulation of Commercial Chemicals
Analysis article, written by Charles M. Auer, Blake A. Biles, and Lawrence E. Culleen, discusses the likely overhaul of the Toxic Substances Control Act during the coming 12 to 24 months. The authors see an opportunity to enact legislation reinvigorating the U.S. chemicals regulatory program and examine how a new legislative approach can strengthen environmental protection. Oct. 15, 2009. 7 pp.
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United States v. Formosa Plastics Corp., S.D. Tex., No. 6:09-cv-61
Settlement agreement with the United States requires Formosa Plastics Corp. to spend more than $10 million on pollution control monitoring to address air, water, and hazardous waste violations at two petrochemical plants in Texas and Louisiana. Sept. 29, 2009. 75 pp.
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Connecticut v. American Electric Power Co., 2nd Cir., No. 05-5104-cv
Ruling by the U.S. Court of Appeals for the Second Circuit vacates a lower court decision and reinstates a lawsuit by eight states and New York City against six large electric power generators that sought to limit the generators’ greenhouse gas emissions by claiming the emissions contributed to the public nuisance of global warming. Sept. 21, 2009. 139 pp.
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The Economic Effects of Legislation to Reduce Greenhouse-Gas Emissions
Report released by the Congressional Budget Office states that House legislation to cap greenhouse gas emissions would act to slow economic growth between 1 percent and 3 percent by 2050, although the impact is likely to be minimal given the nation’s gross domestic product will more than double by then. Sept. 18, 2009. 30 pp.
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U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other
Special analysis article written by James R. May, a professor of law and graduate engineering, says that the last term of the U.S. Supreme Court was in many respects like no other in modern environmental law. During the term, the Supreme Court ruled on novel and important questions concerning preliminary injunctions under the National Environmental Policy Act; cost-benefit analyses and permitting under the Clean Water Act; and environmental standing, to name a few. Sept. 11, 2009. 11 pp.
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Chamber of Commerce v. EPA, D.C. Cir., No. 09-1237
Petition for Review filed by the U.S. Chamber of Commerce and the National Automobile Dealers Association against the Environmental Protection Agency challenges the agency’s approval of limits on greenhouse gas emissions from motor vehicles issued by California and adopted by 13 other states. Sept. 8, 2009. 49 pp.
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Safe Drinking Water Act: Selected Regulatory and Legislative Issues
Recently updated report issued by the Congressional Research Service discusses select regulatory and legislative issues regarding safe drinking water in the United States. Sept. 2, 2009. 25 pp.
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Letter from State AGs to Senate Majority Leader about Climate Change Bill
Letter sent to Senate Majority Leader Harry Reid (Nev.), Environment and Public Works Committee Chairman Barbara Boxer (D-Calif.), and their Republican counterparts, by the attorneys general of California, Arizona, Connecticut, Delaware and New Jersey, says the Senate should strengthen provisions in the House-passed climate change bill that would both weaken Environment Protection Agency authority over greenhouse gas emissions from power plants and place a five-year moratorium on states that have set their own emissions limits. Aug. 31, 2009. 6 pp.
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How the U.S. Supreme Court Has Changed Drastically the Superfund Landscape
Special analysis article, written by attorneys at Kramer Levin Naftalis & Frankel LLP and based on an in-depth analysis of three significant U.S. Supreme Court rulings addressing issues related to the Comprehensive Environmental Response, Compensation, and Liability, says the superfund landscape has been changed greatly and predicts there will be more turmoil for some time as parties decide how to deal with contaminated landscapes. Aug. 14, 2009. 8 pp.
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Short-Term Energy Outlook Issued by Energy Information Administration
Report issued by the U.S. Energy Information Administration says carbon dioxide emissions in the United States decreased in 2008 and are expected to fall even more in 2009 before slightly increasing in 2010. Aug. 11, 2009. 41 pp.
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CRS Report: Measuring and Monitoring Carbon in the Agricultural and Forestry Sectors
Report issued by the Congressional Research Service states that incorporating farm and forest projects that offset carbon dioxide emissions into a federal emissions reduction program “may be impracticable” because the amount of carbon dioxide such projects offset cannot be accurately monitored or verified. Aug. 6, 2009. 21 pp.
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Senate Letter to President Requests Protections for U.S. Manufacturing to Back Climate Bill
Letter sent to President Obama by ten Democratic senators, mostly from the Midwest and Rust Belt states, warns that their support for climate legislation will hinge on whether they get strong protections for domestic industries, including a border adjustment mechanism. Aug. 6, 2009. 3 pp.
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Energy Market and Economic Impacts of H.R. 2454, the American Clean Energy and Security Act of 2009
Analysis of H.R. 2454, the American Clean Energy and Security Act of 2009, released by the U.S. Department of Energy, states that the House-passed climate change legislation would probably increase annual energy costs for the average household by $114 in 2020 and $288 in 2030. Aug. 4, 2009. 64 pp.
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The Use of Offsets to Reduce Greenhouse Gases
Report issued by the Congressional Budget Office states that even when factoring in the cost of assuring that emissions offsets are effective, the inclusion of offsets in a cap-and-trade program for reducing emissions would significantly reduce the price of the program. Aug. 3, 2009. 8 pp.
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2008 Wind Technologies Market Report
Report released by the U.S. Department of Energy states that because of the financial crisis the wind industry is likely to experience a considerable slowdown in installation of new capacity this year, following a record-breaking 2008. July 16, 2009. 61 pp.
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United States v. George A. Whiting Paper Co., E.D. Wis., No. 1:09-cv-692
Terms of a consent decree filed in a Wisconsin federal court requires eleven companies to pay $1.9 million to reimburse the federal government and the state of Wisconsin for their response to releases of polychlorinated biphenyls into the lower Fox River, Wisconsin’s Green Bay and Lake Michigan. July 16, 2009. 43 pp.
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Gulf Restoration Network v. EnerVest Operating LLC, W.D. La., No. 3:07-cv-00817
Settlement reached with a coalition of environmental organizations requires EnerVest Operating LLC, a Houston oil and gas company, to clean up mercury-contaminated wetlands and soils at gas production sites in three Louisiana parishes. July 1, 2009. 26 pp.
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Alliance of Automobile Manufacturers v. EPA, D.C. Cir., No. 08-1109
Proposed consent decree requires the Environmental Protection Agency to amend air toxic standards for gasoline distributors issued in 2008 to clarify when the rule applies, resolving an industry group petition filed in federal court. June 30, 2009. 7 pp.
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CBO Cost Estimate Says Climate Bill Will Cost Households $175 Per Year After Cost-Saving Measures
Cost estimate analysis performed by the Congressional Budget Office at the request of Rep. Dave Camp (R-Mich.), the ranking member of the House Ways and Means Committee, says the House energy and climate bill (H.R. 2454) will cost households about $175 annually by 2020 if implemented. June 19, 2009. 16 pp.
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CBO Cost Estimate: H.R. 2454 American Clean Energy and Security Act of 2009
Cost estimate issued by the Congressional Budget Office states that the House climate change and energy legislation, H.R. 2454, would raise $845.6 million by 2019 by auctioning emissions allowances, more than enough to offset increased spending in the bill for low-carbon technologies and other climate programs. June 5, 2009. 40 pp.
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FDA Final Rule on Bottled Water Standards for Contamination Testing, Permissible Use
Final rule on bottled water testing issued by the Federal Drug Administration will require suppliers of bottled water to test source water for total coliform bacteria contamination starting Dec. 1, 2009. June 1, 2009. 18 pp.
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United States v. Georgia Pacific LLC, Mich. Dist. Ct., No. 1:09-cv-429
Consent decree terms require Georgia Pacific LLC to perform about $13 million worth of work on two former landfills along the Kalamazoo River in Michigan. May 13, 2009. 158 pp.
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EPA, Tennessee Valley Authority Agree On $950 Million Cleanup of Coal Ash Spill
Under an administrative order and agreement on consent, the Tennessee Valley Authority has agreed to pay an estimated $950 million to clean up more than 5 million tons of coal ash spilled from its Kingston Fossil Fuel Plant. May 11, 2009. 33 pp.
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United States v. Anadarko Petroleum Corp., D. Wyo., No. 09-CV-100-D.
Agreement with the United States requires Anadarko Petroleum Co. and two related petroleum companies to pay more than $1 million in civil penalties and spend more than $8 million to resolve Clean Water Act violations. May 7, 2009. 62 pp.
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Environment Texas Citizen Lobby v. Shell Oil Co., S.D. Tex., No. 4:08-cv-00070
Proposed settlement agreement between Shell Oil and the Environment Texas Citizen Lobby and the Sierra Club requires Shell Oil to pay a $5.8 million civil penalty and reduce “upset” emissions by 80 percent over a three-year period at the company’s Deer Park, Texas, refinery and chemical plant. April 23, 2009. 33 pp.
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Preliminary EPA Analysis of Waxman Draft Climate Legislation
Preliminary Environmental Protection Agency analysis of draft climate legislation developed by House Energy and Commerce Committee Chairman Henry Waxman (D-Calif.) states the legislation would have a modest effect on consumers if the bulk of the revenue from the sale of emissions allowances is returned to households. April 21, 2009. 137 pp.
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