Environmental non-governmental organisations recently filed a petition for review with the District of Columbia Circuit challenging the Environmental Protection Agency's decision to end its 'once in, always in' interpretation of Section 112 of the Clean Air Act. One of the plaintiffs also issued a report alleging that the policy's reversal could lead to a large increase in hazardous air pollutant emissions from major sources.
The Environmental Protection Agency (EPA) recently re-evaluated its January 2017 mid-term evaluation final determination of greenhouse gas emission standards for model year 2022-2025 light-duty vehicles, initially set in 2012. This re-evaluation culminated in an agency decision that it would revise those greenhouse gas emission standards. The EPA's reversal could lead to a legal battle with California over its Clean Air Act waiver.
The Environmental Protection Agency (EPA) administrator recently issued a memorandum and accompanying revised Delegation of Authority 2-43 retaining the EPA headquarters' authority to make certain jurisdictional determinations under the Clean Water Act Section 404 discharge of dredged or fill material permitting programme. Jurisdictional determinations are important because they delineate whether, and to what extent, a water body is subject to Section 404 permitting.
The assistant administrator of the Environmental Protection Agency's (EPA's) Office of Enforcement and Compliance Assurance recently issued to staff a memorandum establishing an interim process for providing her with early notice of referral of matters to the Department of Justice (DOJ) for civil judicial enforcement. The memorandum requests that EPA case teams contemplating a DOJ referral brief the relevant regional administrator or the assistant administrator before making the referral.
Various amendments to Swiss environmental statutes and ordinances have recently entered into effect or will come into effect in the foreseeable future. These new measures include certain amendments to the Energy Act, the Water Protection Ordinance, the Ordinance on the Prevention and the Disposal of Waste and the Ordinance on Protection against Major Accidents.
A Swedish district court recently ruled on a matter where approximately 800 Chileans had sued a Swedish mining company for damages, based on the grounds that the mining company had exported toxic waste which subsequently caused damage to the plaintiffs' health. The court held that the mining company was not liable for damages and the plaintiffs were obliged to pay the mining company's full litigation costs.
The US District Court for the District of Columbia recently upheld a portion of the Environmental Protection Agency's (EPA's) regional haze rule that allows states to treat compliance with the Cross-State Air Pollution Rule as better-than-best available retrofit technology for states participating in the Cross-State Air Pollution Rule. Challenges to the EPA's interpretation of the rule came from two sides: environmental non-governmental organisations and power companies joined by trade groups.
Congress recently passed an omnibus spending bill – later signed by President Trump – which largely preserved the Environmental Protection Agency's (EPA's) 2017 budget. This is in marked contrast to the budget proposed by Trump earlier in 2018, which would have cut EPA funding by $2.5 billion in 2019. The spending bill also extended the applicability of the Pesticide Registration Improvement Act to September 30 2018.
The Supreme Court recently declined to hear several cases raising environmental law questions. One case sought a review of the Environmental Protection Agency's (EPA's) application of a Clean Water Act policy to prohibit blending storm water and sewage for discharge during heavy storms and the use of mixing zones. The Supreme Court also declined to review a Second Circuit ruling upholding the EPA's 2008 inter-basin water transfer rule.
The Environmental Protection Agency (EPA) has closed its investigation into a complaint alleging that the Alabama Department of Environmental Management violated the Civil Rights Act by allowing a coal ash landfill to operate near a majority African-American town. The EPA found that there was insufficient evidence to conclude that any violation had occurred, but did suggest measures that the state agency could use to ensure that issues affecting the community are understood.
The Environmental Protection Agency has announced amendments to provisions of the 2016 New Source Performance Standards for the oil and natural gas production and distribution sectors. The amendments revise the programme by removing a requirement that oil and gas operators conduct repairs during unscheduled or emergency shutdowns. Owners and operators must still complete repairs during the next scheduled shutdown opportunity or within two years, whichever comes first.
In general, the Austrian legal system does not give individuals the right to force the legislature to act in a specific way or pass concrete laws. Normally, only political pressure can combat inaction. However, when it comes to air quality, things are different. The Austrian Higher Administrative Court has declared that individuals who live in a territory where the air pollution limits are exceeded have the right to demand that measures under the Air Immission Protection Act be enacted or amended.
The Ministry of Environment and Natural Resources recently published a decree granting administrative benefits for the issuance of new concession titles for exploiting national waters to persons that hold a title which expired after January 1 2004. Notably, the decree allows for the issuance of new concession titles even if the zone or specific aquifer from which the original concession title was authorised to extract water is now considered a restricted or banned zone or aquifer.
A coalition of environmental groups recently petitioned the Fifth Circuit for review of the Environmental Protection Agency's (EPA's) renewal of the general permit for wastewater discharges from offshore oil platforms in the western Gulf of Mexico. The group contended that the EPA had failed to consider the potential harm to marine wildlife from chemicals in oil and gas wastewater and that it should have undertaken formal consultation.
The Environmental Protection Agency recently announced that it was seeking comment on whether discharges to groundwater which then migrate to jurisdictional waters should be regulated under the Clean Water Act. The notice came shortly after the Ninth Circuit held that pollutant discharges from wastewater wells that had seeped into groundwater and migrated to the Pacific Ocean required a Clean Water Act permit.
The Court of Appeals for the Ninth Circuit has denied without prejudice a Department of Justice request to issue a writ of mandamus and halt the district court proceedings in a case involving a group of child plaintiffs. The plaintiffs have alleged that the US government violated their constitutional rights by refusing to prevent the use of fossil fuels despite the alleged effects of the fuels on global climate change. In the absence of reconsideration or a further appeal, the matter will return to the district court.
The Environmental Protection Agency (EPA) recently announced a proposed rule that would add hazardous waste aerosol cans to the category of universal wastes regulated under the Resource Conservation and Recovery Act. The EPA stated that adding aerosol cans to the universal waste rule will simplify the handling and disposal of the waste for generators and ensure that aerosol cans are sent to the appropriate facilities.
The US District Court for the Northern District of California recently denied a motion by Oakland and San Francisco to remand their climate change nuisance suit back to state court. The two municipalities had filed a suit against a group of multinational oil and gas producers, claiming that the defendants' products would allegedly contribute to climate change. According to the court "the scope of the worldwide predicament demands the most comprehensive view available".
The DC Circuit recently modified a previous ruling which had upheld in part and vacated in part the Environmental Protection Agency's 2015 definition of solid waste rule, which outlines when certain hazardous materials should be deemed discarded as opposed to recycled. On reconsideration, the court reversed its holding that spent petroleum catalysts qualify for the transfer-based exclusion from hazardous waste requirements and vacated Factor 4 in its entirety.
The Ministry of Environmental Protection recently issued new administrative measures concerning pollutants discharge permits. In addition to providing the issuance procedure for such permits, the measures stipulate penalties for various violations. The promulgation of the measures will likely be viewed as a signal of more stringent legislative control over enterprises' environmentally sensitive activities.