When President Trump signed the omnibus spending bill on March 23, 2018, he also enacted the Brownfields Utilization, Investment, and Local Development Act of 2018 (BUILD Act) (not to be confused with the Better Utilization of Investments Leading to Development Act of 2018—yet another BUILD Act of 2018). Among the several provisions within the BUILD Act were some changes to how exceptions to CERCLA liability may be met, including clarification on how tenants may establish the Bona Fide Prospective Purchaser (BFPP) liability protection. Continue Reading
October 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy
We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our October edition, we summarise more than 35 developments in the environmental, safety and health sector. Some of the top stories this month include:
- The Health and Safety Executive announcing that it is to target the construction industry to assess its respiratory risks and occupational lung disease prevention measures
- An Environment Agency report that shows how the Proceeds of Crime Act can be used to deal with corporate offences
- A European Parliament resolution on potential uses for blockchain and other distributed ledger technology
- The Serious Fraud Office (SFO) confirming it will not appeal the Court of Appeal decision in Serious Fraud Office v. Eurasian Natural Resources Corp Ltd
- The SFO releasing a draft review of and recommendations for improvements to meat processing practices
For more detailed information on these developments, as well as access to the remaining summaries, make sure you download a copy from our website. You can also subscribe to ensure you receive our most recent edition every month.
Colorado Proposition 112: If Colorado Bans New Oil and Gas Development, What Next?
The State of Colorado is a leader in regulating oil and gas development. But a ballot initiative proposes a more dramatic regulatory step: restricting oil and gas development all together. In the upcoming election, Colorado voters will decide whether to enact Proposition 112, a law requiring a 2,500-foot setback between any new oil and gas developments and any “occupied structure” or “vulnerable area.”
Proposition 112 will ban oil and gas development in Colorado.
The measure changes the setback under state law from 72 acres to 450 acres. And the law defines “new” oil and gas development to include reentry of an oil or gas well previously plugged or abandoned. Even Sierra-club endorsed Democratic Gubernatorial candidate Jared Polis opposes the measure, recognizing it as a near-total “ban” on oil and gas development in Colorado. Continue Reading
Ninth Circuit Orders Ban on Chlorpyrifos
In a 2-1 opinion this August, the Ninth Circuit Court of Appeals instructed US EPA to revoke all tolerances and cancel all registrations for chlorpyrifos, one of the most widely used conventional 
insecticides in the United States. If left in place, this ruling will effectively ban domestic use of the popular pesticide, though the Ninth Circuit may revise its injunction to allow continued non-food applications. Continue Reading
Groundwater Remediation as Potential Tool to Combat Water Scarcity: Navigating Potential Conflicts Between CERCLA Remediation Considerations and Water Policy Issues
New water supplies in the western United States are likely to come from a panoply of non-traditional sources, including storm water capture, waste water recycling, desalination, infrastructure efficiency improvements, and other conservation measures. One potential new water source for municipalities is contaminated groundwater requiring environmental remediation, that, but for its low quality, could be used as water supply. Exploring this option is especially appealing in water stressed regions, such as much of the western United States. For example, in southern California, the Metropolitan Water District supports “[r]ecovering degraded groundwater supplies for municipal use” as part of its Local Resources Program. The idea is to conduct environmental remediation of groundwater in a way that unlocks new unused water resources. In cases where contaminated groundwater is hydrologically separated from aquifers that are being beneficially used, a remedy that involves the extraction of water and treatment for later recharge into the principal water supply aquifer can actually increase the volume of water naturally available for human use. Continue Reading
Proposed Affordable Clean Energy Rule: Navigating US EPA’s Clean Power Plan Replacement
On August 31, 2018, the US Environmental Protection Agency (US EPA) published its proposed rule providing a replacement to the Clean Power Plan (CPP). The proposed rule, named the 
Affordable Clean Energy (ACE) rule, outlines revised emissions guidelines and the process for states to submit plans for the reduction of greenhouse gas (GHG) emissions from affected electric utility generating units (EGUs). Key components include a shift to “inside-the-fenceline” emission reduction measures at individual sources for the best system of emission reduction (BSER) and proposed changes to applicability requirements for EGUs under the New Source Review (NSR) program. Comments on the proposed rule are currently due on October 31, 2018, and the only public hearing thus far was held in Chicago on October 1, 2018. The Agency is taking steps to organize the comments by indexing each comment solicitation and directing commenters to “include the corresponding identifier” when providing relevant comments.
The CPP remains subject to a stay in the D.C. Circuit Court of Appeals since February 9, 2016. On September 4, 2018, a group of petitioners including seventeen states filed a response and motion requesting the court lift the abeyance and issue a ruling. The basis for the motion included that US EPA does not have sufficient grounds to continue the stay and is unduly prolonging the abeyance. The petition noted that such a decision would not prevent US EPA from pursuing this proposed rulemaking. Additionally, the Agency published an advanced notice of proposed rulemaking on December 28, 2017 seeking comments as to a proposed replacement rule. For a detailed overview of these background events, see this article.
September 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy
We are pleased to share our latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In the September edition, we summarise more than 30 developments in the environmental, safety and health sector. Top stories this month include:
- The Court of Appeal’s decision in Serious Fraud Office (SFO) v Eurasian Natural Resource Corp Ltd (ENRC)
- The Health and Safety Executive (HSE) fining a logistics company £1.5 million after the death of a worker
- A new national strategy for product safety strategy has been introduced by the OPSS
- The Court of Appeal reducing a fine by £765,000 for breach of work at height requirements
- Further guidance introduced from the government on what a “no deal” Brexit would look like for the UK
For more detailed information on these developments and access to the remaining summaries, download a copy from our website. Make sure you also subscribe to receive our most recent edition every month.
California Turning Away From Traditional Imported Water Sources and Toward More Resilient Localized Water Supplies
In 2014 California enacted the Sustainable Groundwater Management Act, which provides the framework for local water management agencies to develop and implement groundwater sustainability plans in order to sustainably manage the state’s groundwater within 20 years. This legislation was California’s first ever attempt to sustainably manage groundwater resources, a long overdue effort given that the state relies on groundwater for 40 percent of its total water supply in an average year. The Sustainable Groundwater Management Act aims to ensure that groundwater basins are being managed in a way that achieves “sustainable yield”—the maximum quantity of water that can be withdrawn annually from a groundwater supply without causing an “undesirable result.” Continue Reading
California Water Board Sues Federal Agency for Pollutants Entering the U.S. Via the Tijuana River
The San Diego Regional Water Quality Control Board (Water Board) filed a complaint on September 4, 2018 against the United States Section of the International Boundary Water Commission (IBWC), alleging violations of the Clean Water Act (CWA) related to contamination in the Tijuana River. Relying on a 1944 U.S./Mexico treaty, the complaint alleges that the IBWC is responsible for addressing waste entering the U.S. from Mexico along the Tijuana River watershed.
The Tijuana River crosses the border into California through a flood conveyance channel operated by the IBWC, feeds the Tijuana River Estuary—a coastal wetland home to multiple species protected under the California Endangered Species Act—and eventually flows into the Pacific Ocean. The IBWC constructed and maintains a wastewater treatment plant and a supporting system of concrete channels, detention basins and pump stations to capture and treat waste flows entering the U.S. from Mexico. And, in 2014, the Water Board issued a National Pollutant Discharge Elimination System (NPDES) permit to the IBWC, allowing discharge of treated water into the Pacific Ocean. Continue Reading
August 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy
We are pleased to share our latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In the August edition, we look at a host of relevant new developments in the environmental, safety and health sector. Top stories this month include:
- The Home Office’s report into the economic and social cost of modern slavery
- A West Midlands haulage firm being prosecuted following a fatal incident
- The publication of a new national product safety strategy by the OPSS
- Detectives involved in the Grenfell Tower fire investigations consider corporate manslaughter charges after conducting interviews under caution
- The Sentencing Council’s Manslaughter Definitive Guidelines are set to come into force from 1 November 2018
For more detailed information on these developments, as well as access to the remaining summaries, make sure you download a copy from our website. You can also subscribe to ensure you receive our most recent edition every month.
