On March 28th, U.S. EPA released its highly controversial rulemaking which establishes a carbon dioxide (CO2) emission limit on new coal-fired power plants. All future coal-fired power plants will have to utilize an unproven technology, carbon capture and sequestration (CCS), to meet the emission limits. CCS involves capturing CO2 and injecting it deep beneath the earth’s
March 2012
U.S. Supreme Court Unanimously Tells EPA its Orders Can be Reviewed
On March 20, 2012, the U.S. Supreme Court handed down the much anticipated decision in Sackett v. EPA. The Court rejected U.S. EPA’s claims that its administrative enforcement orders were not subject to pre-enforcement review. The Court’s decision provides a new tool to challenge EPA administrative compliance orders.
Synopsis of the Case
The Clean Water…
Ohio EPA Asbestos Abatement Rule Changes Could be Costly
Ohio EPA has finalized changes to its asbestos regulations which govern notification and work practices for asbestos abatement. Ohio EPA described the changes as minor. However, one change in particular could impact asbestos abatement contractors.
Ohio EPA modified the definition of "friable asbestos material" appearing in Ohio Administrative Code Section 3745-20-01. The only change…
Legislation Introduced to Implement Great Lakes Compact following Governor Kasich Veto
Representative Wachtmann has introduced H.B 473 which will implement Ohio’s regulatory program under the Great Lakes Compact. H.B. 473 follows last summer’s veto by Governor Kasich of H.B. 231 which was criticized by environmental groups and former Governor Taft and Senator Voinovich as not protective enough of Lake Erie.
The Great Lakes Compact was…
EPA Decides Not to Ratchet Down Federal Permitting Thresholds for Greenhouse Gases
On February 24th, U.S. EPA announced that it would keep in tact the greenhouse gas (GHGs) thresholds for when federal permitting requirements would be triggered. In announcing that it would not ratchet down the trigger thresholds, EPA said state permitting authorities need more time to develop proper infrastructure as well as expertise in GHG permitting.…
Court Hears Two Days of Oral Argument over the Future of Climate Change Regulation
The future direction of climate change regulation in the United States will turn on the decision of the U.S. Court of Appeals for the District Court of Columbia (D.C. Circuit) following two days of oral argument. A decision is expected as soon as this June.. There is no doubt that this may be the most…
Part 1 on U.S. EPA’s Audit Policy: The:Basics
U.S. EPA’s Environmental Audit Policy encourages companies to self-evaluate their compliance with environmental requirements and disclose any violations to EPA. As an incentive to disclose violations to EPA, the Audit Policy provides up to 100% forgiveness of gravity-based civil penalties if certain conditions are met.
U.S. EPA’s audit policy contains nine (9) conditions that must…