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News & Events / News
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NewsView Current NewsWhite House Announces Plan to Initiate Regulations in Response to Mass. v EPA EPA / USDOT Propose Changes to Transportation Conformity Regulations Interior Secretary Issues New Five-Year Oil and Gas Leasing Plan for the Outer Continental Shelf Supreme Court Decision Alters Solid Waste Flow Control Jurisprudence Clean Air Act: Supreme Court Declines Certiorari in ERP Case EPA Issues Guidance on its Audit Policy Recent Texas Rules Updates TCEQ Adopts SIP Revisions for Houston and Dallas Eight-Hour Ozone Nonattainment Areas Texas Legislature Adjourns Firm News and Events Massachusetts Greenhouse Gas Emissions Policy Summary EPA Issues Fine Particle SIP Rule New Source Review: EPA Proposes New Definition of Emissions Increase for Electric Generating Units California’s Proposed Early Action Climate Change Mitigation Measures: An Update on AB 32 Implementation Beveridge & Diamond, P.C. Participates in Earth Force Public Service Project Department of Homeland Security Releases New Chemical Plant Security Rule New Real Estate Attorney Joins Beveridge & Diamond, P.C. Beveridge & Diamond, P.C. Secures Order Limiting Litigation Rights of Environmental Intervenors Supreme Court Says EPA Has Power to Regulate Greenhouse Gas Emissions Supreme Court Reverses Fourth Circuit in Duke Energy Corp. D.C. Circuit Vacates EPA’s Maximum Achievable Control Technology (“MACT”) Emissions Standards for Brick and Ceramic Kilns MassDEP Proposes 20 Percent Reduction in Permitting Timelines MassDEP Proposes Regulatory Changes Relating to Stormwater Management Standards MassDEP Proposes Regulations Implementing the Mercury Management Act Massachusetts Amends Chapter Land Statutes Effective March 22, 2007 MassDEP Proposes Asbestos-in-Soil Regulations Appeals Court Strikes Weston Zoning Bylaw Provision for Granting Unlimited Discretion to Board Appeals Court Holds a Decision of the HAC in an Administrative Appeal of a Comprehensive Permit Issued under Chapter 40B Does Not Moot an Abutter’s Appeal to Superior Court Supreme Judicial Court Rules View Easements May Not Be Limited to 30 Years TCEQ Adopts General Permit for Petroleum Bulk Storage and Terminals Legislative Spotlight Recent Texas Rules Updates EPA Issues Supplemental Definition of Solid Waste Proposal Sixth Circuit Issues Important Decision on Statute of Limitations for New Source Review Cases EPA Issues Proposed “Reasonable Possibility Recordkeeping” NSR Rule TCEQ Seeks Public Comment on Draft 2006 Texas Water Quality Inventory and 303(d) List Firm News and Events H.S. “Buddy” Garcia Confirmed as Commissioner for Texas Commission on Environmental Quality TCEQ Rolls-Out New E-Alert Service Texas Legislature Highlights Recent Texas Rules Updates Options for Potentially Responsible Parties in the Wake of the Aviall Decision Wireless Industry EHS Roundtable on Current Product, Environmental, and Land Use Challenges Beveridge & Diamond, P.C. has organized a Wireless Industry EHS Roundtable for firm clients and other interested companies on Tuesday March 13, 2007 in our Washington, D.C. offices. EPA Seeks to Allow Flexibility in Superfund Cleanup Enforcement EPA Issues Final Nanotechnology White Paper MassDEP Proposes Allowing Certain RCRA Corrective Actions to be Completed under State Cleanup Program MassDEP Proposes Series of Changes to State Cleanup Program MassDEP Reduces Need for Sewer Connection and Extension Permits Massachusetts Becomes RGGI Signatory Massachusetts Creates Permitting Session of Land Court to Expedite Judicial Review Recent Developments in Massachusetts Land Use Law Firm News and Events Recent Texas Rules Updates EPA Staff Recommends More Stringent Ozone Standards TCEQ Issues Guidance on Maintenance, Startup and Shutdown Emissions Significant Environmental Bills Filed As Legislative Bill Filing Deadline Nears White House Increases Funding for Oceans Action Plan Implementation President Bush and OMB Impose New Restrictions on Issuance and Use of Federal Agency Guidance Documents EPA/Corps Post-Rapanos Guidance Imminent Supreme Court Declines to Grant Certiorari in Case Requiring Daily Pollutant Limits for Clean Water Act Total Maximum Daily Loads Maryland's Governor-Elect, Martin O'Malley Plans to Nominate Shari T. Wilson to Head the Maryland Department of the Environment Supreme Court Grants Certiorari in Cases Involving Interplay Between Endangered Species and Clean Water Acts 80th Texas Legislative Session Underway Upcoming Events and Dates of Note Recent Texas Rules Updates EPA Proposes To Reverse “Once-In-Always-In” Policy Court Orders EPA to Rewrite Eight-Hour Ozone Standard Rule TCEQ Issues Guidance for Air Emissions During Tank Floating Roof Landings U.S. Supreme Court Grants Certiorari in CERCLA 107(a) Contribution Case EPA Extends TSCA IUR Submission Deadline to March 23, 2007 District of Columbia Council Passes Green Building Bill TCEQ Proposes Air Rules for Dallas & Houston Nonattainment Areas Texas District Courts Remain Divided on CERCLA 107(a) Actions TCEQ Publishes Protocol on Infrared Imaging Cameras TCEQ Issues New Guidance Relating to Requirements for Emissions Events Reporting 80th Texas Legislature To Convene Beveridge & Diamond, P.C. Secures Preliminary Injunction for Los Angeles Against County Biosolids Ban Emerging Ocean Law Issues: Shipping and the Environment EPA Warns That TSCA IUR Submissions Should Not Be Submitted Via U.S. Mail EPA Amends TSCA Export Notification Rule To Reduce Burden Complaints Filed Against City of Manassas For Illegal Disclosures of Confidential School Records U.S. Supreme Court Hears Oral Arguments in Duke Energy Case TCEQ Publishes Effects Screening Levels Guidelines TMDL Status Report Issued by TCEQ Firm News and Events Recent Texas Rules Updates EPA Broadens Reporting Exemptions for NO and NO2 Releases Tenth Circuit Affirms CERCLA Preemption of Certain State NRD Recoveries EPA Launches Nanotechnology Stewardship Efforts Massachusetts' New Expedited Permitting Law Summarized Massachusetts Adopts Greenhouse Gas Trading Program California's Sweeping New Climate Change Law Clean Air Act Conformity Alert Sludge Case Venue Sticks, Along with 4 of 6 Charges TCEQ Holds Meeting on Houston/Galveston/Brazoria 8-Hour Ozone Nonattainment Area SIP TCEQ Publishes Annual Compliance History Classification Aviall Developments in Texas Texas Environmental Excellence Award Applications Now Being Accepted Firm News and Events Recent Texas Rules Updates TCEQ Issues Oil and Gas General Operating Permits Renewals EPA Issues Proposed Debottlenecking/Aggregation Rules Proposed Guidance, "Establishing, Revising and Using Categorical Exclusions Under NEPA" Issued by White House Council on Environmental Quality Firm News and Events TCEQ Receives Stakeholder Input on Changes in Edwards Aquifer Protection Program Enhanced Options for Access to TCEQ Information Now Available Delinquent Fees and Penalties Will Affect TCEQ Permit Processing New Uniform Hazardous Waste Manifest Becomes Mandatory 2006 Hourly Emissions Inventory Underway Recent Texas Rule Changes Governor Perry Appoints Martin A. Hubert as TCEQ Commissioner Circuits Split on NSR Trigger Massachusetts Finalizes Strict Perchlorate Drinking Water and Cleanup Standard 9th Circuit Holds that CERCLA Liability May Extend to Canadian Company for Pollution That Originated Beyond U.S. Borders Supreme Court Decides Landmark Wetlands Cases EPA Adopts Construction Storm Water Permitting Exemption For Oil & Gas Industry EPA Proposes Regulatory Amendment to Exclude Water Transfers From NPDES Permitting Crossroads Plaza Gets a Green Light Brian Levey is interviewed by the Boston Globe on the approval of Crossroads Plaza, a 17,000 square foot commercial development in Groton, Massachusetts. Housing Discrimination Complaint Filed With HUD Against City of Manassas, Virginia Environmental Defense, et al. v. Duke Energy Corporation The petition for a writ of certiorari is granted. Nicholas van Aelstyn and Kenneth Finney Join Beveridge & Diamond, P.C. D.C. Circuit Holds that Total Maximum Daily Loads Under the Clean Water Act Require Daily Pollutant Limits The U.S. Court of Appeals for the District of Columbia has decided that pollutant limits established for impaired waterbodies under the Clean Water Act must be daily loading limits, not annual or seasonal limits as currently allowed by the U.S. Environmental Protection Agency (“EPA”). In Friends of the Earth, Inc. v. Envtl. Prot. Agency, D.C. Cir., No. 05-5015, April 25, 2006, the D.C. Circuit addressed the issue of whether limits on pollutant loadings known as Total Maximum Daily Loads (“TMDLs”) can be established on an annual or seasonal basis rather than a daily basis. Breaking with the Second Circuit, the D.C. Circuit determined that discharge limits under the Clean Water Act TMDL program must be expressed as daily limits in accordance with the plain language of 33 U.S.C. § 1313(d)(1)(C). For more information, contact Richard Davis at (202) 789-6025 (rdavis@bdlaw.com), Karen Hansen at (202) 789-6056 (khansen@bdlaw.com) or Ami Grace-Tardy at (202) 789-6076 (agrace@bdlaw.com). TCEQ Considers Potential Compliance History and Penalty Policy Rulemaking IFC Revising Environmental Health and Safety Guidelines Criminal Indictment Avoided EPA and Army Corps Propose New Standards For Wetland Mitigation TCEQ Initiates Revisions to Texas Surface Water Quality Standards Beveridge & Diamond Web Site Wins IMA Platinum Award Federal Court Sets CERCLA Precedent and Dismisses Fraud, Contract, and Tort Claims in Mining and Land Sale Case Against Oil Company Massachusetts Proposes Strict Perchlorate Water and Cleanup Standard New TSCA Regulatory Activities by EPA TCEQ Seeks Comment of Draft Revised Standard Permit for Oil and Gas Facilities Texas Commission on Environmental Quality Develops New Enforcement Tool Field Citation Pilot Program Former State Department International Attorney K. Russell LaMotte Joins Beveridge & Diamond, P.C. Environmental Justice and Civil Rights Supreme Court Hears Landmark Wetlands Cases If you would like to receive updates on Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers, including links to the opinions when they are issued, an analysis of the court’s decisions, or information on related legal issues please e-mail crudyj@bdlaw.com. Paul Hagen Elected Chairman of the ELI Board of Directors Steve Richmond Receives Solid Waste Industry Award Tenth Circuit Limits Preclusive Effect of Administrative Enforcement Under the Clean Water Act The U.S. Court of Appeals for the Tenth Circuit has held that a citizen plaintiff can bring equitable claims pursuant to the Clean Water Act, 33 U.S.C. § 1365(a) (2000), even if an administrative enforcement action has already been commenced. In Paper, Allied-Industrial Chemical and Energy Workers International Union v. Continental Carbon Co., 10th Cir., No. 03-6243, Nov. 8, 2005, the Tenth Circuit addressed the issue of whether the jurisdictional bar of the Clean Water Act, 33 U.S.C. § 1319(g)(6)(A)(ii), applies to both civil penalty claims and equitable claims. Breaking with the First and Eighth Circuits, the Tenth Circuit determined that the Clean Water Act does not bar concurrent citizen suits for injunctive or declaratory relief where an administrative enforcement action is ongoing. For more information, you can click on the link to Continental Carbon, or contact Richard Davis at (202) 789-6025 (rdavis@bdlaw.com) or Rowan Seidel at (202) 789-6039 (rseidel@bdlaw.com). Beveridge & Diamond, P.C. Opens Austin Office D.C. Circuit Invalidates Periodic Monitoring Rule EPA proposes major changes to New Source Review rules and enforcement policy for electric utilities United States Supreme Court Granted Certiorari to Review Three Wetlands Cases Involving the Scope of Federal Jurisdiction Under the Clean Water Act Directors & Officers Liability Insurance in an Era of Enhanced Disclosure Requirements Two Worlds In One - General Litigator and Environmental Attorney The Information Quality Act: Holding Federal Agencies Accountable Pro Bono: The Measure Of a Law Firm's Values Implementing The Clean Water Act: Facing The Problems Of Limited Resources In the TMDL Program Leslie Carothers to Chair Board of Directors Second Circuit Issues Opinion Clarifying Standards of Liability Under CERCLA EPA Brings More Rationality Into New Source Review Proceedings Judge Allows Farmers to Seek Damages in Biosolids Suit Federal Court Upholds Farmers Rights to Pursue Damages in Appomattox Biosolids Suit Federal Court Prohibits Biosolids Ban in Appomattox County Whitman-Walker Clinic Legal Services Honors Law Firm of Beveridge & Diamond For Their Support of People Living With HIV/AIDS Paul Hagen Appointed to ABA Standing Committee on Environmental Law Environmental Groups Ask EPA to Uphold Reduced-Risk Policy, Cancel Older Herbicide |