Environmental Trends

Topics discussed this week include:

• Manufacturer held liable for asbestos-related injury stemming from replacement parts it did not make.
• Novel watershed permit issued for Cape Cod towns.
• CERCLA claims constitutionally barred against state government entities.
• EPA to revisit Wood Heater New Source Performance Standards.
• BLM must consider downstream greenhouse gas releases under NEPA.

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Topics discussed this week include:

• “Exceptional events” rule upheld.
• New York City climate change tort suit dismissed.
• Courts of appeal rule on pipeline projects.
• EPA revises coal ash disposal rules.
• BLM announces end to compensatory mitigation requirements.
• Environmental group appeals stay of 2015 Waters of the U.S. Rule.

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Topics discussed this week include

• Supplemental legal analysis provides additional support for Administration’s narrower interpretation of “waters of the United States”
• EPA proposes new volume requirements under Renewable Fuel Standard
• EPA extends comment period of advance notice of proposed rulemaking on cost-benefit analyses
• Rhode Island brings climate change suit against fossil fuel companies
• EPA proposes “close-out” of upwind states’ interstate air transport obligations under 2008 ozone standard

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Topics discussed this week include:

• D.C. Circuit upholds the EPA’s “regional consistency” regulations
• Federal district court in Georgia enjoins implementation of WOTUS rule in 11 states
• The EPA approves Oklahoma CCR disposal plan
• CEQ issues ANPRM requesting comment on how to update NEPA’s implementing regulations
• ATSDR issues draft toxicological profile asserting that PFAS compounds may endanger human health at low levels

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Topics discussed this week include:

• EPA proposes to reject Delaware and Maryland 126(b) petitions
• EPA declares intention to propose listing fluorochemicals as hazardous substances and to evaluate setting maximum contaminant levels
• EPA proposes to keep existing sulfur oxide primary-health NAAQS
• EPA solicits comment on regulatory cost/benefit decision-making process
• EPA sued over alleged delays in implementing federal pesticide rules

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Topics discussed this week include:

• FERC decision sets limits on how greenhouse gas emissions are to be reviewed.
• EPA sued over hardrock mining financial responsibility rule decision.
• OSHA to update hazard communication standard to reflect GHS changes.
• EPA to finalize regulation on the use of paint-stripping chemical methylene chloride.
• Court dismisses suit challenging constitutionality of the Congressional Review Act.
• Court finds that one Prop 65 warning is enough in case against winemakers.

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Topics discussed this week include:

• BLM appeals order blocking Waste Prevention Rule rescission.
• Supreme Court rejects pipeline, other environmental petitions.
• EPA proposes “secret science” rulemaking.
• States sue to vacate midterm evaluation.
• EPA issues six-month extension of time to respond to New York 126 Petition.

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Topics discussed this week include

• EPA will streamline processes for issuing and implementing NAAQS
• EPA guidance revives Significant Impact Levels for NSR permitting
• IRS issues guidance on tax deductions for environmental settlement payments
• White House announces One Federal Decision framework for NEPA process
• EPA will not enforce 2015 restrictions on production and use of HFCs and will rewrite HFC regulations

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Topics discussed this week include:

• EPA announces decision to revise GHG emission standards for light-duty vehicles.
• NGOs sue EPA for ending “once-in, always-in” MACT policy.
• EPA OECA Assistant Administrator issues memorandum requesting early notice of enforcement referrals to DOJ.
• EPA Administrator retains the authority for headquarters to make certain jurisdictional determinations under Clean Water Act.
• Coalition of states and cities sues EPA, alleging EPA must issue regulations governing methane emissions from existing oil and natural gas operations.

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Topics discussed this week include:

• Administrator Pruitt releases new source review guidance memo, clarifying when emissions decreases are to be considered in the review process.
• California federal judge orders remand to state court of climate-change-related state tort claims — creating split in district court.
• Congress’s omnibus spending bill preserves the EPA budget and addresses other environmental issues such as pesticide funding and biomass emissions.
• DC Circuit upholds Cross-State Air Pollution Rule as part of EPA’s regional haze rule.

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