Author: Goldberg Segalla

General
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2017 CLM Southeast Conference 

On November 2nd and 3rd in Atlanta at the CLM Southeast Conference, Goldberg Segalla Partner George Buermann, CEO Dawn Krigstin, Envoy Specialty LLC, and Senior Vice President Philip Watters, P.E., Rimkus Consulting Group, Inc. will hold a panel discussion on “Environmental Cost Recovery Actions and Spill Litigation.”  The discussion will be geared towards addressing the myriad of challenges that face insurers and insureds in CERCLA /Superfund matters and other similar state actions and offering tips that will position your company in …

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EPA
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Two Birds With One Violation: EPA Uses Settlement with Heritage Environmental Services LLC to Upgrade Indiana Schools

Last week, the U.S. Environmental Protection Agency reached a unique settlement with Heritage Environmental Services LLC over multiple hazardous waste violations issued in 2012 during an inspection of Heritage’s Indianapolis waste disposal facility.

As part of the settlement, in addition to improving its waste handling procedures and paying a $77,385 civil penalty, Heritage agreed to install energy efficient, PCB-free lighting and new drinking water fountains with lead-filtering systems at the Carrie Gosch Pre-K Early Learning Center and the Joseph L. Block Middle School in East …

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Illinois
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Scrapping the Scrubbers — Illinois EPA Proposes Wholesale Changes to the Pollution Limits for Coal Plants

The Illinois Environmental Protection Agency has announced new rule proposals for sulfur dioxide and nitrogen oxide emissions from coal plants. The proposed amendments to the state’s Multi-Pollutant Strategy would limit sulfur dioxide emissions to 55,000 tons per year and limit nitrogen oxide emissions to 25,000 tons per year.

The Multi-Pollutant Standard, or “MPS,” was originally negotiated between power companies and Illinois in 2006. Under the MPS, the power companies agreed to install pollution control equipment for sulfur dioxide, mercury and nitrogen oxide by certain deadlines. …

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EPA
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EPA Funds Nanotech Firm for Development of Technology to Measure Lead in Household Drinking Water

On September 19, 2017, the United States Environmental Protection Agency (EPA) announced it was awarding nearly $100,000 in Small Business Innovation Research (SBIR) funding to NanoSafe, Inc. in Blacksburg, Virginia to foster technologies that can accurately measure lead levels in household drinking water. SBIR funding is intended to help small, high-tech businesses develop proof of concepts that can be brought to market and commercialized. With more and more attention being focused on the safety of public and private drinking water, simple, inexpensive and accurate measurement …

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Louisiana
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State Seeks to Enter Court Battle Over Federal Red Snapper Rule

On September 22, 2017, the state of Louisiana sought to intervene in a conservation group’s lawsuit against the National Marine Fisheries Service (NMFS) regarding overfishing of red snapper in the Gulf of Mexico this past summer. Louisiana wants to argue on behalf of the federal government that the conservation group’s lawsuit is moot because the rule it challenges has already expired.

Earlier this summer, the NMFS issued a temporary rule extending the fishing season for red snapper in federal waters in the Gulf of Mexico …

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Florida
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Hurricane Irma Presents Different Challenges than Hurricane Harvey in the Wake of Recovery

While the recovery efforts are still unfolding, scientists and environmental experts believe the environmental toll from Hurricane Irma in Florida may not be as harsh as the problems caused by Hurricane Harvey in Texas. The two storms have resulted in hazards that are very different, leading to varied responses to the destruction left by both storms.

Wind damage is the primary concern after Hurricane Irma, rather than the widespread flooding seen after Hurricane Harvey. In addition, the areas of Florida that are experiencing flooding likely …

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EPA / Texas
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An Example of Hurricane Harvey’s Aftermath: Energy Company Significantly Underestimates Benzene Emission Levels After Leak

Last week, we wrote about Houston’s long road to recovery from Hurricane Harvey, including the aftermath of the toxic environmental mess that Harvey left. This week, we bring you just one of many examples of environmental headaches that continue to persist following the storm.

According to self-reported emissions to the Texas Commission on Environmental Quality (TCEQ), refineries, petrochemical plants, and other industrial operations emitted some 2.6 million pounds of pollutants into the air during Harvey-related shutdowns and accidents in the Houston area.

And in one …

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CERCLA
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Bankruptcy Court Approves $43 Million Coal Cleanup Deal

On Tuesday, September 5, 2017, a bankruptcy court in Missouri approved a $43 million settlement between the reorganized Peabody Energy Corp., which is a coal producer, and the federal government. The settlement related to CERCLA liability incurred by one of Peabody’s affiliate companies, Gold Fields Mining LLC. Peabody acquired responsibility for Gold Fields’ pollution liability when it gained control of the company in the 1990s.

 The federal government had filed proofs of claim in Peabody’s Chapter 11 bankruptcy proceeding on behalf of seven Native American …

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Clean Water Act / EPA
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Woe is Me: EPA Seeks Help Defining WOTUS

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACE) are seeking recommendations from stakeholders and the public in their effort to revise the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). The definition and interpretation of WOTUS is critical as it defines the federal government’s regulatory reach (and limits) when it comes to the country’s waterways.

On February 28, 2017, President Trump signed an executive order that directed EPA to review the Obama administration’s “Clean …

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California / EPA
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Grapes of Wrath: California State Agency Acts to Further Restrict Use of Chlorpyrifos

On August 18, 2017, California’s Department of Pesticide Regulations (DPR) released an updated draft risk assessment for comments by the public on the popular agricultural pesticide chlorpyrifos. Farmers use chlorpyrifos to kill pests that attack a wide variety of crops including grapes, walnuts, oranges, almonds and cotton grown in California. In 2015, California farmers used more than 1 million pounds of chlorpyrifos on more than 60 crops. About 5 million to 10 million pounds of chlorpyrifos are used annually on crops nationwide.

Under the new …

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