TV Show Leads to Clean Air Act Penalty

On June 5, 2018 EPA announced settlement of an enforcement action against Magnolia Homes (“Magnolia”). In the settlement, Magnolia agreed to pay a civil penalty of $40,000, conduct a community lead-abatement project with an estimated cost of $160,000, and post an internet video about renovating homes containing lead-based paint.  Magnolia must post the internet video […]

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EPA Proposes Program for Audits by New Owners of Oil and Gas Facilities

EPA has proposed a “new owner” audit program for air emissions from oil and natural gas exploration and production facilities and has requested comments on a proposed Audit Agreement template.  I expect EPA will make the program final after receiving comments, with the final template similar to the current draft. Limited to Oil and Gas […]

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Failure to Consider Key Evidence Leads to Reversal of Superfund Site Listing

The United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) has reversed EPA’s listing of the West Vermont Drinking Water Contamination Site (the “Site”). In deciding Genuine Parts Company v. EPA, the DC Circuit said EPA: Ignored evidence that did not support its listing; Relied on certain portions of studies that […]

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New York State Official Says States Will Respond to Trump Environmental Policies

Michael J Myers, Senior Counsel for Air Pollution and Climate Change Litigation in the New York State Attorney General’s Environmental Protection Bureau, authored an article that appeared recently in Trends, the American Bar Association Newsletter of the Section of Environment, Energy, and Resources (SEER).  The SEER article discussed state responses to the “Trump administration’s environmental […]

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