A Federal Appeals Court in the Ninth Circuit has unanimously ruled on April 2, that Federal Trial Courts are not required to employ a specific formula when allocating costs between private parties for clean-up expenses incurred under CERCLA. The Court stated that District Courts have discretion in determining the most equitable method of accounting for settlements between private parties in a contribution action, and stated that this approach is consistent with both federal common law and the intent of CERCLA. Under the Ruling, District Courts can apply equitable factors in deciding whether to subtract from a Plaintiff’s potential recovery the… Read more
Tag: phoover
First Steps Toward Reauthorization of Brownfield Program
Both republican and democratic senators from the Senate Environment and Public Works Committee have met to discuss potential paths forward for a multi-year reauthorization of the Brownfield Program. During interviews conducted in February and March, committee members indicated that the program is popular and likely to receive bipartisan support. The original act created under the Brownfield Act of 2002, assisted states and local communities to clean up abandoned, idle or underutilized sites where contamination did not present a serious enough threat to human health or the environment to be considered for listing on CERCLA’s National Priorities List. The program, which… Read more
EPA Annual Report Claims Agency’s Partnerships Cut Emissions in 2012
In its annual report released on January 21, the EPA has found that, through its Climate Protection Partners Program, emissions of more than 365 million metric tons were prevented in the U.S. in 2012. According to the report, the reductions have provided about $13 billion in benefits to society by preventing damage from climate change. Organizations partnering with the EPA have invested an approximate $125 billion in energy efficiency technologies and practices. The EPA has partnered with more than 21,000 organizations through the climate protection partnership program, including the natural gas STAR program for promoting methane emissions reductions among oil… Read more
Points Of Confusion On Small-Scale Solar Development
February 19, 2013 Frank Andorka : Robert Sternthal is president of Reznick Capital Markets Securities and has extensive experience in financing renewable energy transactions, whether they are in the wind, solar or biomass sectors. Working alongside CohnReznick LLP and CohnReznick Think Energy, Reznick Capital Markets Securities offers one of the most comprehensive financial advisory platforms in the industry. Every month, there are numerous solar conferences and seminars in the United States. At each of these events nearly every solar developer or potential investor complains about the lack of good U.S solar projects, which I find odd. After all, we are barraged on a daily… Read more
New EPA Rules in the Coming Months
With the elections now over, the EPA is expected to release a host of new rules governing air emissions and storm water runoff. The EPA is expected to begin the release of pending air regulations in the coming weeks and months which will finalize particulate matter standards and air toxics standards for cement kilns. These new regulations are expected by mid-December. The EPA is also on track to propose rules for storm water runoff for concentrated animal feeding operations. It is also expected that the U.S. Army Corp. of Engineers will finalize guidance clarifying federal jurisdiction over the nation’s waters… Read more
EPA Reduction in Annual Maximum Ceiling for Fine Particulates
The Environmental Protection Agency announced a plan to reduce the annual maximum ceiling for fine particulates, a major cause of smog, in the atmosphere. The new standard would set the level at 12 to 13 micrograms per cubic square foot of air, a decrease from the current maximum level of 15 micrograms. This change will result in new regulations, which will primarily affect the energy and manufacturing industries. The Clean Air Act requires the E.P.A. to reconsider its particulate standards every five years, but the agency delayed doing so until June, when the District Court for the District of Columbia… Read more
Stormwater Runoff Not Regulated by Clean Water Act
The U.S. EPA has published a rule specifying that stormwater runoff from logging roads does not require a discharge permit under the National Pollutant Discharge Elimination System (“NPDES”) Program. The rule specifies that logging roads on both public and private land should be managed under best management practices, which rules are often developed by states, rather than regulated under the Federal Clean Water Act. The new rule specifies that runoff from logging roads is not a discharge “associated with industrial activity,” and therefore not regulated. For more information, contact Phillip Hoover.