E&W Blog

May 22, 2018

Indianapolis Site Will Not Go on CERCLA National Priorities List Due to – Science!

On May 18, 2018, the D.C. Circuit Court of Appeals held that EPA had not adequately reviewed groundwater science and found EPA’s proposal to list the “West Vermont” site in Indianapolis arbitrary and capricious.  EPA will have to go back to the drawing board if it wants to list West Vermont on the National Priorities […]
May 20, 2018

EPA Proposes Changes to Risk Management Program . . .

Final Amendments to the Risk Management Program (RMP) Rule   Update On May 17, 2018, EPA’s Administrator signed a proposed rule requesting public comment on several proposed changes to the final RMP Amendments issued on January 13, 2017. For more information, please see: Proposed Risk Management Program (RMP) Reconsideration Rule. On June 9, 2017, the EPA […]
May 17, 2018

South Carolina couple prosecuted for peddling counterfeit pet medicines . . .

Selling counterfeit flea and tick collars not only netted millions of dollars in illicit gain, but landed a couple on the wrong side of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and has led to long prison sentences.  Look for a continued focus by EPA and DOJ on pursuing cases where traditional fraud intersects […]
May 7, 2018

EPA announces new audit policy (and self-reporting) to addresss significant noncompliance in oil and gas industry . . .

New Owner Clean Air Act Audit Program for Oil and Natural Gas Exploration and Production Facilities Related Information Materials from February 2018 Oil and Natural Gas Roundtable to enhance coordination and communication, and ensure responsible domestic energy production Unconventional oil and gas New Owner Audit Program The EPA is in the process of developing a New […]
April 25, 2018

Enviros threaten to sue City of Newark and State for lead contaminated drinking water . . .

Environmental groups plan to sue Newark over elevated levels of lead in water By HEATHER KAYS April 24, 2018 at 6:40 PM Newark, NJ–The Newark Education Workers Caucus (NEW Caucus) and the Natural Resources Defense Council (NRDC) announced plans to sue the city of Newark for elevated levels of lead in the water on Tuesday. […]
April 20, 2018

Extreme weather event attribution science and climate change litigation . . .

Extreme weather event attribution science and climate change litigation: an essential step in the causal chain? Sophie Marjanac & Lindene Patton Received 15 Dec 2017, Accepted 28 Feb 2018, Published online: 19 Apr 2018 In this article 1. Introduction 2. A rapidly evolving scientific field 3. Application to climate change litigation 4. Implications for legal duties of […]
April 18, 2018

Water Contamination Riskier for Companies in Wake of Rulings . . .

April 13, 2018 Water Contamination Riskier for Companies in Wake of Rulings From Environment & Energy Report Turn to the nation’s most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental… By Amena H. Saiyid Contaminating waterways with gasoline, chemicals, or sewage […]
April 15, 2018

Feds file major action against NY town for drinking water violations, signaling shift in enforcement priorities.

In what is a clear shift in DOJ/EPA policy involving large enforcement cases under the nation’s Clean Water Act, the Trump Administration has turned its focus to the Safe Drinking Water Act and the risks to public health associated with health-based violations.  Historically, the federal government has focused largely on enforcing against cities discharging raw […]
April 15, 2018

West Virginia airport operator charged with environmental crimes 

Executive Air Terminal, Inc., has pleaded guilty to illegal storage of hazardous waste and will be sentenced in early May.   According to reports, Executive Air is accused of breaking the Resource Conservation and Recovery Act, which makes it a crime for someone to store or dispose of hazardous waste without a permit. Under the act, […]
April 13, 2018

4th Circuit Court Expands CWA “Conduit Theory” Liability

In a victory for environmentalists, the 4th Circuit Court of Appeals handed Kinder Morgan a major defeat this week that has much wider implications for regulated entities under the evolving “conduit theory” of liability under the Clean Water Act.  4th Circuit Kinder Decision At issue in this case was whether an indirect discharge of a pollutant […]