On February 18, 2020, a group of states and a national trade union filed separate petitions seeking administrative reconsideration of the United States Environmental Protection Agency’s (EPA or Agency) recently finalized Clean Air Act Risk Management Plan (RMP) reconsideration rule (the Reconsideration Rule). The Reconsideration Rule became effective on December 19, 2019, and rescinds numerous provisions of the Obama administration’s January 2017 amendments to EPA’s RMP regulations under the Clean Air Act (the Amendments).
Earlier this summer, the Department of Justice (DOJ) and Environmental Protection Agency’s (EPA) criminal office announced criminal charges against employees of an oil and gas operation for tampering with and disabling pollution controls and on-board diagnostic (OBD) systems on the company’s truck fleet. DOJ and EPA charged five employees of Rockwater Northeast LLC, a company that services the hydraulic fracturing industry, for modifying emission control and OBD systems on approximately 30 of the company’s heavy-duty diesel trucks. (more…)
The U.S. District Court of the District of Massachusetts dismissed, in part, an environmental group’s challenge to a Boston Harbor terminal’s stormwater permit, claiming that the permit fails to protect the group’s members from future harm from climate change. The Conservation Law Foundation (CLF) filed a Clean Water Act and Resource Conservation and Recovery Act citizen suit in September 2016. Among other things, they argued the Everett Terminal’s Stormwater Pollution Prevention Plan, Spill Prevention, Control and Countermeasures Plan, and Facility Response Plan failed to account for petroleum product discharges that would occur in the future from sea level rise, storm surges, severe weather events and flooding caused by climate change. (more…)