Environmental Groups Urge Illinois State Legislature to Take Action Regarding Coal Ash Ponds

A report, authored by the Environmental Integrity Project, Earth justice, Prairie Rivers Network, and the Sierra Club, found that groundwater near 90 percent of reporting Illinois coal ash sites contain toxic pollutants like arsenic, cobalt, and lithium. The report’s results are based on data sets made public for the first time earlier this year as part of new federal regulations of coal ash, a toxic byproduct of coal-fired power generation that is commonly stored in unlined ponds or landfills near
Continue reading...

Tall Drink of Wastewater: EPA Considers Permitting Wastewater Disposal Into Texas Rivers and Streams

For every barrel of oil drilled in Texas, four-to-five barrels of wastewater are produced. The abundance of untreated water has led the EPA to consider whether to permit oil drillers in Texas to discharge wastewater directly into local rivers and streams, avoiding the complicated and costly process of trucking the water to underground wells that may be many miles away. If put into effect, this plan would alter established federal clean water regulations that have been in place for decades.
Continue reading...

The Art of the Deal? New EPA Administrator shaves $30 million from clean-up costs for nuclear waste near underground landfill fire in suburban St. Louis.

The U.S. Environmental Protection Agency has announced its final plan for the West Lake Landfill in suburban St. Louis. As we’ve previously reported, West Lake Landfill is the site of illegally dumped nuclear waste that is buried near a long-smoldering underground fire. Approximately a decade ago, the EPA announced a cap-and-monitor proposal for the site. However, that plan was met with such resistance that it was withdrawn and a new proposal was announced earlier this year. That plan, with an
Continue reading...

Ninth Circuit Bans Use of Pesticide Chlorpyrifos in Agriculture

On August 9, 2018, the Ninth Circuit ordered that the EPA ban a widely used pesticide called chlorpyrifos within 60 days. The court found that EPA had failed to determine that chlorpyrifos was safe.  The decision marked the end – albeit perhaps only temporarily – to a decade-long battle between the pesticide and agriculture industry on one side and environmental and public health groups on the other. By way of background, EPA, under the Federal Food, Drug, and Cosmetic Act
Continue reading...

Pain in the Ash: Part II- The Reckoning

The Environmental Law Monitor reported earlier this year on battles between environmental activists and power plants over the controversial storage of toxic coal ash waste near waterways and in landfills. The battle rages on this week after the EPA finalized a rule on July 17, 2018 that reduces Obama-era requirements for handling and storing the dangerous waste, thrilling the coal industry and evoking anxiety from activists. Acting EPA Administrator Andrew Wheeler enacted a new standard for storing coal ash at
Continue reading...

Old MacDonald Had a Gas Station — EPA Requires Increased Quantities of Ethanol in National GasolineSupply, but Producers are Skeptical

The Environmental Protection Agency has increased the total amount of ethanol and biodiesel that must be used in 2019 to 19.88 billion gallons under the Proposed Renewable Fuel Standard for 2019, a 3 percent increase over 2018 levels. Fifteen billion gallons of the blended gasoline will be traditional ethanol, made from crops like corn and soy, while the remainder will be composed of biofuels and biodiesel. This change was bolstered by agricultural and renewable fuel lobbyists, who argue that American
Continue reading...

And Then There Were Five: One State Expands Its Concern To Other PFAS Chemicals And Other Major (Breaking) News On PFAS

Every week there’s more news surrounding the mystifying nature of PFAS chemicals. Our firm recently published a well-received article that explored the state of PFAS and what the horizon holds for regulation and litigation. And this week we have more news on the PFAS front. We should buckle-up because it’s only going to heat-up from here. In November 2017, we reported on the New Jersey scientists that were urging the state to impose a strict limit of 13 ppt for
Continue reading...

Climate Change Lawsuits Heat Up – The City of Boulder, Boulder County, and San Miguel County Join the Mix

On April 17, 2018, the City of Boulder, Boulder County, and San Miguel County, all in Colorado, collectively became the latest government entities to file suit against some of the world’s largest oil and gas companies, seeking compensation for the costs of adapting to climate change in their communities.   Non-coastal suits arrive: The Colorado suit, similar to all the previously filed government suits, alleges that the defendants’ greenhouse gas products are directly responsible for current and future physical impacts
Continue reading...

Extra-Terrestrial? Illinois Attorney General to File Suit Over Emission Controls in Wisconsin

Illinois Attorney General Lisa Madigan has announced she plans to file a lawsuit challenging a recently issued ruling by the U.S. Environmental Protection Agency (EPA). While lawsuits involving environmental regulations between individual states and the federal government are becoming increasingly prevalent, this suit is noteworthy as it involves a manufacturing facility being built by Foxconn Technology Group (Foxconn) just north of the Illinois border in southeast Wisconsin. The Taiwanese company plans to build flat-screen display panels at the factory and
Continue reading...

What Happens to Wastewater From Oil and Gas Extraction? EPA Seeks Input

The U.S. Environmental Protection Agency (EPA) has begun soliciting information for a new study that will examine how numerous entities across the U.S., including industry, stakeholders, local officials, energy providers, states, and the EPA itself, regulate and manage wastewater produced during the oil and gas extraction processes. The goal of the study is to develop better and more effective ways to dispose of, recycle, or reuse the wastewater generated during extraction. By way of example, and with regard to hydraulic
Continue reading...