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You don’t see a unanimous decision of the United States Supreme Court very often, especially in an environmental case, but that’s what happened this week when the Court held that for an area to be “critical habitat” of an endangered species, it first had to be habitat.
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I’ve been an environmental lawyer for thirty years. That’s how long the jurisdictional reach of the Federal Clean Water Act has been unsettled. Sometime in the next few months the newly more Conservative United States Supreme Court will decide whether to grant either of two petitions to review diametrically opposed Federal Appeals Court answers to the question of whether the Clean Water Act applies to discharges to groundwater, one very important facet of the three decade old question already considered by the Supreme Court three times.
EPA held a public meeting on June 11, 2015 on EPA’s Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA).
In the Winter 2015 issue of the ABA’s Natural Resources & Environment magazine, John Barkett retraced the Supreme Court’s treatment of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) from Key Tronic to Waldburger and, looking back over that history, he makes the unassailable observation that the Court’s decisions have been, and will continue to be, guided by the plain meaning of CERCLA’s text.
On April 6, 2015, EPA published a long-awaited Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA).
You can bet on it! The Massachusetts Department of Environmental Protection (DEP) issued a new set of regulations effective January 2, 2015 that will create major burdens for underground storage tank (UST) owners and operators.
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