National Ambient Air Quality Standards, or NAAQS, can be hard enough for states to attain given the sources of air pollution within their own borders.  But add cross-boundary air pollution from upwind states to the mix, and downwind states in particular are left in a real bind: despite their best efforts, these states are unable to control the upwind sources of air pollution that can contribute significantly to their own NAAQS non-attainment. Continue Reading SCOTUS Upholds EPA’s Good Neighbor Provision, To Relief of Downwind States

Valves, pumps, connectors, and other component parts are the crucial joints in an industrial plant’s skeletal system. Without them, movement—or in the case of a refinery or chemical manufacturing facility, processing—would be impossible. And, just as with skeletal joints, without proper care and maintenance, normal wear and tear can cause component parts to become arthritic and leak, releasing contained gas and liquids into the environment. Leaking parts are particularly problematic to the expansion of high-volume hydraulic fracturing (HVHF), as they may undermine the greenhouse gas (GHG) reduction otherwise gained by transitioning to natural gas.

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This week, EPA finalized its Tier 3 emission standards designed to reduce air pollution from passenger cars and trucks. The rule establishes new vehicle emissions standards and reduces the sulfur content of gasoline by two-thirds, with an implementation date of 2017. According to EPA, the new standards will help to reduce tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles and some heavy-duty vehicles. The gasoline sulfur standard in particular will make emission control systems more effective for both existing and new vehicles, and will enable manufacturers to meet the more stringent vehicle emissions standards, since removing sulfur allows the vehicle’s catalyst to work more efficiently. The EPA says that the more stringent tailpipe emission standards and reduced sulfur Continue Reading EPA Finalizes Emissions Standards for Vehicles and Fuel

On February 20, 2014, the New York State Department of Environmental Conservation (“NYSDEC”) announced streamlined procedures for environmental easements.  There has been a significant push from the regulated community for process reform given the resources and length of time that have been required to get necessary easements in place. Continue Reading NYSDEC Announces Streamlined Procedures for Environmental Easements

On Wednesday, EPA published its proposed New Source Performance Standards (“NSPS”) for greenhouse gas emissions in the Federal Register. In its proposed regulations, EPA expresses its determination, despite industry and internal Scientific Advisory Board evidence to the contrary, that Carbon Capture and Recycling (“CCR”) is a viable technology. This is a huge boon for CCR technology, as until now the efficacy of the R – recycling – had been the subject of intense debate. While Carbon Capture and Sequestration is a generally accepted practice, the viability of recycling residual gas and using it as feedstock for other products had, until now, been in dispute. Continue Reading Carbon Capture and Recycling Is Viable, Says EPA, to An Industry In Decline

The City of New York has its own Voluntary Cleanup Program (“NYC VCP”). The unique program is working well, particularly for parcels that may not be the right “fit” for New York State’s Brownfield Cleanup Program. The program delivers real benefits for brownfield redevelopment in New York City, including liability releases and financial assistance. The NYC VCP is managed by the New York City Mayor’s Office of Environmental Remediation (“OER”), which is directed by Daniel C. Walsh. Continue Reading Opportunity for NYC Brownfield Professional Certification

This week, the New York Supreme Court, Appellate Division, Third Department (“Third Department” or “Court”), issued a memorandum decision in the case of Thrun v. Cuomo, dismissing a legal challenge to New York’s involvement in the Regional Greenhouse Gas Initiative (“RGGI”).  The RGGI program is a cooperative effort of nine northeast states (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island and Vermont) to reduce greenhouse gas emissions through a cap and trade program applicable to fossil-fuel powered electricity generating units having a rated capacity of at least 25 megawatts.  The RGGI program was the product of a 2005 Memorandum of Understanding (“MOU”) between the governors of the seven initial RGGI states, including former New York Governor George Pataki. Continue Reading Appeals Court Dismisses Legal Challenge to New York RGGI Program

It appears that the New York State Department of Environmental Conservation (“DEC”) will very likely face multiple legal challenges to its long-delayed issuance of a final Supplemental Generic Environmental Impact Statement (“SGEIS”) for the High-Volume Hydraulic Fracturing (“HVHF”) regulatory program.  Lawyers representing the Bankruptcy Trustee of Norse Energy Corp. USA filed a letter with DEC Commissioner Martens demanding that he identify “a date certain in the near future when the SGEIS will be completed so that the many permit applications that were filed by Norse may be pursued.”  “Absent a definitive and reasonable timetable” from DEC, Norse has declared its intent to sue the agency in state court seeking an order to compel finalization of the SGEIS. Continue Reading Lawsuits Over Hydraulic Fracturing SGEIS Imminent: Joint Landowners Threaten Suit Before Year End

In an intriguing post on Law & The Environment, Seth Jaffe notes that, in part because of the ongoing sequester and budgetary concerns, EPA’s future enforcement efforts may rely more heavily on citizen groups. Quoting Cynthia Giles,  the Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance, as saying that “we have far too much noncompliance, widespread noncompliance in some of the largest sectors,” and that “EPA is looking for new ways to catch violations as they occur,” Jaffe notes that the Agency’s first overture to more citizen group involvement may be seen in its recent update to ECHO, its online enforcement database. Continue Reading EPA’s Future Enforcement Strategy: More Citizen Suits?

In the CERCLA context, knowing whether a cleanup action is a “removal” or “remedial” action is crucial to the length of time allowed for the cleanup, the amount of money that may be spent on the cleanup, and the statute of limitations for recovery of costs incurred as part of the cleanup. Generally, the statute of limitations for the recovery of costs related to a removal action is three years from the date of completion of the removal action, whereas the statute of limitations related to a remedial action is six years after the initiation of physical on-site construction of the remediation – meaning contribution lawsuits must often be brought while a remedial action is on-going. The determination of whether an action is removal or remedial can, therefore, be dispositive on whether an action is time-barred. Continue Reading Second Circuit Clarifies “Removal” vs. “Remedial” Action Under CERCLA