Environmental Law



 

 


Environmental Law


Contact: James Price; Spencer Fane Britt & Browne LLP (Missouri, USA)

Earlier today, June 23, 2014, the United States Supreme Court dealt a blow to EPA’s current approach to regulating greenhouse gas emissions (GHGs) through its air permitting program for new or expanding stationary sources. Utility Air Regulatory Group v. Environmental Protection Agency. No. 12-1146, ___ U.S. ___, June 23, 1014.

Read more: Supreme Court Strikes Down Key Aspects of EPA’s Greenhouse Gas Regulations, But Upholds Other...


Contact: Andrew Brought; Spencer Fane Britt & Browne LLP (Missouri, USA)

On June 17, 2014, EPA issued a proposed rule in the Federal Register, 79 Fed. Reg. 34480, proposing to amend the standards and practices for satisfying All Appropriate Inquiries (AAI) under CERCLA. In particular, EPA is proposing to remove references to the 2005 Phase I ESA Standard ASTM E1527-05 as satisfying AAI.

 

Read more: 2005 Phase I ESA Will No Longer Satisfy All Appropriate Inquiries Under EPA Proposed Rule


Contact: Kathleen Whitby; Spencer Fane Britt & Browne LLP (Missouri, USA)

Ealier today, June 9, 2014, the United States Supreme Court handed down its decision in CTS Corp. v. Waldburger, et al., slip op. No. 13–339 (U.S., 6-9-2014). Reversing the Fourth Circuit, the Supreme Court held that the Superfund law’s preemption of state statutes of limitation for personal injury or property damage claims does not apply to state statutes of repose. Not every state has such a statute on the books, but for those that do, this may provide an additional shield for defendants, and an additional hurdle for plaintiffs.

Read more: CERCLA Will Not Save a Toxic Tort Claim which is Barred by a State Statute of Repose


EPA Region 2 and the U.S. Justice Department have resolved a stormwater enforcement case against CEMEX, associated with stormwater violations at 18 ready-mix concrete plants. The settlement will result in a civil penalty of $360,000, compliance upgrades of approximately $1.8 million, and a supplemental environmental project (SEP) involving the conservation of more than 400 acres of land valued at approximately $2.36 million.

Read more: Stormwater Violations at Concrete Ready-Mix Plants, Enforcement Nets More than $4 Million


Contact: William Brady; Spencer Fane Britt & Browne LLP (Missouri, USA)

On May 19th, EPA published an ANPRM in the Federal Register requiring the reporting and analyzing of chemicals used in hydraulic fracturing (“fracking”). EPA had delayed regulatory action for several years as environmental groups debated whether more transparent public disclosure was critical to ensure public safety, while industry representatives responded that regulation within their borders should be left to the states.

 

Read more: EPA Initiates Advanced Notice of Proposed Rulemaking (“ANPRM”) re Transparency in Reporting...