Two recent developments will likely change the face of CERCLA liability as the year draws to a close. First, the EPA issued its new bona fide prospective purchaser (“BFPP”) guidance for tenants on December 5, 2012. The BFPP definition in CERCLA § 101(40) applies to a “person (or a tenant of a person).” The EPA [...]
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With the election over, speculation is rising as to whether the Administration will use the lame duck session and the fractious fiscal cliff negotiations to seize the opportunity to rush through a number of environmental changes. Current speculation includes: 1. Finalizing guidance on the definition of “U.S. Waters” under the Clean Water Act; 2. [...] Somehow a story broke today that the EPA is using drones to monitor Midwestern cattle farmers. It seems that Congressman Latham sent a letter to the EPA Administrator Lisa Jackson stating that “If these reports are accurate, EPA has conducted seven drone flights over iowa as a method for inspecting animal feeding operations.” Congressman Latham [...] Background: On April 2, 2007, the U.S. Supreme Court ruled in Massachusetts v. EPA, that greenhouse gases, including carbon dioxide, are air pollutants under the Clean Air Act and that the EPA must determine if they threaten public health and welfare. On December 15, 2009, the EPA Administrator found that the current and projected concentrations [...] Sometimes a headline is so bizarre that you have to stop and wonder if it is true. When I read that on March 13, 2012 Scotts Miracle-Gro had entered a plea of guilty with a proposal to pay $4.5 million in fines for adding an insecticide known to be toxic to birds to 73 million [...] The EPA has proposed a rule that would require concentrated animal feeding operations (CAFOs) to submit operational information to EPA. The EPA claims that this will allow the Agency to ensure that CAFOs are implementing practices to protect water quality and human health. The proposal is part of a settlement agreement reached with the Natural [...] Does a skirmish taking place between the United States Army and the Environmental Protection Agency over the transfer of the former Kansas Army Ammunition Pant in Parson, Kansas threaten to condemn farmland sold for development to the status of RCRA hazardous waste sites requiring remediation and removal of agricultural pesticides? That seems to be a [...] The press has made much of recent reports that the EPA announced that it will not regulate rural dust. But that is not exactly what the EPA did. EPA Administrator Lisa Jackson released several letters (Klobuchar Letter Stabenow Letter ) to legislators dated October 14, 2011 in which she states that with regard to [...] A United States Federal District Court judge has decided that Florida is unable or unwilling to regulate phosphorus discharges that have irrevocably damaged the Florida everglades. The court’s order strips Florida of its authority to issue NPDES permits for the states network of nutrient-scrubbing marshes. The judge wrote that he was compelled to take [...] The Environmental Protection Agency and the U.S.Army Corps of Engineers have submitted to the Administration a draft Clean Water Protection Guidance document. The 90-day review period was to expire on March 11, 2011. A copy of the document is available here: December 2010 Clean Water Protection Guidance. This document is an effort by [...] |
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