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General

13 August 2018

Sidley 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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31 July 2018

Sidley Environmental Trends

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.

(more…)

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16 July 2018

Sidley Environmental Trends

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

(more…)

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26 June 2018

Sidley Environmental Trends

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

(more…)

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11 June 2018

Sidley Environmental Trends

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

(more…)

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24 May 2018

Sidley Environmental Trends

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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24 April 2018

Sidley Environmental Trends

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

(more…)

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10 April 2018

Sidley Environmental Trends

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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28 March 2018

Sidley Environmental Trends

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.

(more…)

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