Impact of Delek Refining Decision on EPA’s RMP Penalty Policy
By R. Lee Vail, P.E., Ph.D. At the very end of 2016, the Fifth Circuit Court of Appeals vacated two Occupational Safety and Health Administration (“OSHA”) citations for alleged violations of Process...
View ArticleThe Louisiana Environmental Whistleblower Statute: Independent Contractors...
By Erin L. Kilgore The Louisiana Environmental Whistleblower Statute, La. R.S. 30:2027, protects employees who, in good faith, disclose, or threaten to disclose, acts they reasonably believe to be in...
View ArticleChanges to Boilerplate Language in Louisiana Department of Environmental...
By Tokesha Collins-Wright The Louisiana Department of Environmental Quality (LDEQ) derives its enforcement power and ability to assess penalties from La. R.S. §§ 30:2025, 30:2050.2, and 30:2050.3. The...
View ArticleSilicone Facility to Pay $1.5M in Fines for Monitoring and Reporting Violations
By Lauren Rucinski On May 4, 2017, Momentive Performance Materials Silicones, LLC (“MPM”) agreed to a settlement with the United States, on behalf of the Environmental Protection Agency (“EPA”), and...
View ArticleA Plethora of Cases Could Affect WOTUS Rulemaking
By Lauren J. Rucinski The US Ninth Circuit Court of Appeals has an opportunity to rule on controversial Clean Water Act wetlands jurisdictional requirements through the appeal of a Montana man’s...
View ArticleAwaiting EPA’s Decision on RMP Delay
By R. Lee Vail, P.E., Ph.D. On January 13, 2017, the Environmental Protection Agency (“EPA”) published a final rule revising portions of the Risk Management Program (“RMP”) rule. On April 3, 2017, the...
View ArticleSequestering of Greenhouse Gases: California Is Considering a Legal Process...
By Lee Vail New projects require air permits and projects at major stationary sources that will emit (or increase) a significant amount of a regulated NSR pollutant, must conduct a control technology...
View ArticleRisk Management Program Rule Delay Decided?
By Lee Vail The EPA updated its web page titled “Frequent Questions on the Final Amendments to the Risk Management Program (RMP) Rule” on Monday, June 12, 2017. According to the revised Q&A (page...
View ArticleEPA Administrator Signs Rule Delaying the Effective Date of RMP Rule
By Lee Vail On June, 9, 2017, Scott Pruitt signed a final rule delaying the effective date of the RMP rule until February 19, 2019. The Environmental Protection Agency” (“EPA”) stated that it had...
View ArticleImpact in Louisiana of D.C. Circuit’s Decision on Definition of Solid Waste Rule
By M. Dwayne Johnson The D.C. Circuit’s July 7, 2017 decision on EPA’s 2015 definition of solid waste rule (DSW Rule)[1] may change the regulation of hazardous waste in Louisiana. First, some...
View ArticleUpdate on Potential Louisiana State Police Requirements – Hurricane Harvey
By Maureen N. Harbourt Just a quick reminder that in 2007, the Louisiana State Police (“LSP”) adopted regulations requiring special reporting requirements for persons “engaged in the transportation of...
View ArticleLouisiana Department of Natural Resources Authorizes Relief Including After...
By Maureen N. Harbourt Effective August 25, 2017, the Secretary of the Department of Natural Resources authorized the performance of activities within the Louisiana Coastal Zone necessary to prevent...
View ArticleEPA Approves Emergency Fuel Waiver for Areas in Louisiana in Response to...
By Lauren J. Rucinski On August 28, 2017, the Environmental Protection Agency (“EPA”) approved an emergency fuel waiver for areas for Louisiana affected by Hurricane Harvey. The waiver is an effort to...
View ArticleStay of the Stay: RMP Rule Evaluation Moves Forward
By R. Lee Vail, P.E., Ph.D. and Lauren J. Rucinski On August 30, 2017 the D.C. Circuit denied environmental and labor groups’ request to stay the Tump EPA’s final rule delaying the Obama-era...
View ArticleLouisiana Department of Environmental Quality Issues an Updated Emergency...
By Tokesha Collins-Wright On September 1, 2017, the Louisiana Department of Environmental Quality (“LDEQ”) updated the emergency order that was issued by the Governor of Louisiana on Thursday, August...
View ArticleFifth Circuit Provides Guidance on Removability of Mass Actions under CAFA
By Lou Grossman On January 9, 2018, a split panel of the United States Fifth Circuit Court of Appeals affirmed an order from the district court, denying a motion to remand a matter removed under the...
View ArticleCourt Denies Temporary Restraining Order to Halt Construction of Bayou Bridge...
By Troy Charpentier and Matthew Smith After contesting the construction of the Dakota Access pipeline, environmental advocacy groups have turned their attention to the proposed Bayou Bridge pipeline...
View ArticleEPA’s Major Shift on New Source Review Permitting Policy
By Tokesha Collins-Wright On December 7, 2017, the Environmental Protection Agency (“EPA”) released a memorandum entitled, “New Source Review Preconstruction Permitting Requirements: Enforceability...
View ArticleConsider RMP Reconsidered!
By R. Lee Vail, P.E., Ph.D. On May 17, 2018, the Environmental Protection Agency (“EPA”) released a proposed revision to the Risk Management Program (“RMP”) rule following its reconsideration of the...
View ArticleBest Practices for Preserving the Louisiana “Upset” Defense for Air Releases
By Maureen N. Harbourt Facilities subject to a Part 70 air operating permit are afforded an “affirmative defense” to liability for civil penalties for releases to air that exceed technology-based...
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