BNSF Settles Coal Dust Case

The Alert of two weeks ago discussed the October 25, 2016 ruling by a federal district court in Seattle, Washington, which determined that coal trains need Clean Water Act (“CWA”) discharge permits if coal dust from them becomes airborne and falls into rivers or other navigable waters during transport. On November 15, less than a […]

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TCEQ Pushes Back at EPA’s Objection to Affirmative Defenses

The Texas Commission on Environmental Quality (“TCEQ”) recently published an update to its air quality State Implementation Plan (“SIP”), designed to address an objection from the EPA.  The objection relates to an affirmative defense that the TCEQ has available for air emissions resulting from upset events or from maintenance, startup, and shutdown (“MSS”) activities.  An […]

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