View Recent Blog Posts in Environmental Litigation

  • Louisiana Department of Environmental Quality Issues an Updated Emergency Order – Hurricane Harvey By Tokesha Collins-Wright On September 1, 2017, the Louisiana Department of Environmental Quality (“LDEQ”) updated the emergency order that was issued by the Governor of Louisiana on Thursday, August 24, 2017. That earlier emergency order put the entire State of Louisiana under a declaration of emergency and was to remain in place until Friday, September... Continue Reading... ....
  • Stay of the Stay: RMP Rule Evaluation Moves Forward By R. Lee Vail, P.E., Ph.D. and Lauren J. Rucinski On August 30, 2017 the D.C. Circuit denied environmental and labor groups’ request to stay the Tump EPA’s final rule delaying the Obama-era amendments to the EPA’s Risk Management Program (“RMP”) rule. The RMP rule implements Section 112(r) of the Clean Air Act and requires... Continue Reading... ....
  • EPA Approves Emergency Fuel Waiver for Areas in Louisiana in Response to Hurricane Harvey By Lauren J. Rucinski On August 28, 2017, the Environmental Protection Agency (“EPA”) approved an emergency fuel waiver for areas for Louisiana affected by Hurricane Harvey. The waiver is an effort to minimize or prevent problems with the supply of gasoline. Sixteen parishes in the state are required to sell low Reid vapor pressure (“RVP”)... Continue Reading... ....
  • Louisiana Department of Natural Resources Authorizes Relief Including After the Fact Coastal Use Permit Process for Emergencies Resulting from Hurricane Harvey By Maureen N. Harbourt Effective August 25, 2017, the Secretary of the Department of Natural Resources authorized the performance of activities within the Louisiana Coastal Zone necessary to prevent or to mitigate damages associated with Hurricane Harvey.  In the event that new construction is needed for such purposes, an after-the-fact Coastal Use Permit application might... Continue Reading... ....
  • Update on Potential Louisiana State Police Requirements – Hurricane Harvey By Maureen N. Harbourt Just a quick reminder that in 2007, the Louisiana State Police (“LSP”) adopted regulations requiring special reporting requirements for persons “engaged in the transportation of hazardous materials by railcars, vessels, or barges, or the temporary storage of hazardous materials in any storage vessel not permanently attached to the ground” if that... Continue Reading... ....
  • Impact in Louisiana of D.C. Circuit’s Decision on Definition of Solid Waste Rule By M. Dwayne Johnson The D.C. Circuit’s July 7, 2017 decision on EPA’s 2015 definition of solid waste rule (DSW Rule)[1] may change the regulation of hazardous waste in Louisiana. First, some background. In 2008, EPA promulgated a definition of solid waste rule that was intended to foster waste recycling (2008 Rule).[2] Therein, among other... Continue Reading... ....
  • EPA Administrator Signs Rule Delaying the Effective Date of RMP Rule By Lee Vail On June, 9, 2017, Scott Pruitt signed a final rule  delaying the effective date of the RMP rule until February 19, 2019. The Environmental Protection Agency” (“EPA”) stated that it had received 54,117 public comments, 54,000 of which were part of a mass mail campaign, leaving 108 submissions with unique content. A... Continue Reading... ....
  • Risk Management Program Rule Delay Decided? By Lee Vail The EPA updated its web page titled “Frequent Questions on the Final Amendments to the Risk Management Program (RMP) Rule” on Monday, June 12, 2017.  According to the revised Q&A (page 9): When does the rule become effective? The effective date of this action has been delayed to February 19, 2019. It... Continue Reading... ....
  • Sequestering of Greenhouse Gases: California Is Considering a Legal Process (How Does That Affect the Rest of Us?) By Lee Vail New projects require air permits and projects at major stationary sources that will emit (or increase) a significant amount of a regulated NSR pollutant, must conduct a control technology review.  In order to receive a permit, the applicant must determine the level of control considered Best Available Control Technology (“BACT”) and the... Continue Reading... ....
  • Awaiting EPA’s Decision on RMP Delay By R. Lee Vail, P.E., Ph.D. On January 13, 2017, the Environmental Protection Agency (“EPA”) published a final rule revising portions of the Risk Management Program (“RMP”) rule. On April 3, 2017, the EPA proposed to delay the effective date of the changes until February 19, 2019 to allow for a reconsideration of these changes.... Continue Reading... ....