Amid considerable controversy, the U.S. EPA and Army Corps of Engineers (the agencies) issued a Final Rule on May 27, 2015, re-defining and expanding the definition of jurisdictional “waters of the U.S.” under the federal Clean Water Act.
Federal Court Finds Divisibility, Ruling in Favor of Volumetric Approach to CERCLA Divisibility in Fox River Sediment Cleanup Case
In the latest development in the litigation over the environmental cleanup of the Fox River in northeastern Wisconsin, the U.S. District Court for the Eastern District of Wisconsin has found that NCR Corporation’s liability for the remediation of a section of the river is divisible—not joint and several under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
After several months of stakeholder meetings, MassDEP has issued a draft Interim Policy on the Re-Use of Soil for Large Reclamation Projects for public review and comment.
Earlier this week, the Department of Defense (“DoD”) issued a proposed rule to revise (and make stricter) the unique sourcing requirements applicable to certain photovoltaic devices that are used in the performance of DoD contracts.
Today EPA and the Army Corps of Engineers released a prepublication version of the final rule defining “waters of the United States,” the jurisdictional trigger under the Clean Water Act.
From the halls of Congress to the pages of mainstream environmental media, numerous warnings of increased regulatory burdens and litigation mischief stemming from the Council on Environmental Quality’s (CEQ) Revised Draft Greenhouse Gas NEPA Guidance have proliferated.
On April 8, 2015, a coalition of nine environmental organizations from California, Louisiana, Oregon and Ohio filed a Clean Air Act (CAA) citizen suit against US EPA in the District of Columbia alleging US EPA failed to “review, and revise as necessary” air toxics standards for 21 source categories under CAA § 112(d)(6).
OSHA released an updated version of its Whistleblower Investigations Manual (CPL 02-03-005) on May 21, 2015–the first update since September 2011.
Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register announcing that it intends to prepare a programmatic environmental impact statement to evaluate the effects of a program that would authorize incidental take under the Migratory Bird Treaty Act (“MBTA”).
The African continent is revolutionizing itself as the place where no infrastructure is no problem.