View Recent Blog Posts in Environmental Litigation

  • EPA’s 2018 Definition of Solid Waste Rule and its Effect in Louisiana By M. Dwayne Johnson On May 30, 2018, EPA finally promulgated modifications to its 2015 definition of solid waste rule (2018 DSW Rule).[1] EPA promulgated the 2018 DSW Rule in response to the D.C. Circuit’s decision on EPA’s 2015 definition of solid waste rule.[2] EPA’s revisions to the definition of solid waste rule essentially implement... Continue Reading... ....
  • Best Practices for Preserving the Louisiana “Upset” Defense for Air Releases By Maureen N. Harbourt Facilities subject to a Part 70 air operating permit are afforded an “affirmative defense” to liability for civil penalties for releases to air that exceed technology-based permit limitations, provided they strictly adhere to both the requirements of the “upset” rule in LAC 33:III.507.J and General Condition N of the Part 70... Continue Reading... ....
  • Consider RMP Reconsidered! By R. Lee Vail, P.E., Ph.D. On May 17, 2018, the Environmental Protection Agency (“EPA”) released a proposed revision to the Risk Management Program (“RMP”) rule following its reconsideration of the Obama era revisions.  The proposal strips out much of those additions.  According to the Rule Fact Sheet, the reconsidered rule will maintain consistency with... Continue Reading... ....
  • EPA’s Major Shift on New Source Review Permitting Policy By Tokesha Collins-Wright On December 7, 2017, the Environmental Protection Agency (“EPA”) released a memorandum entitled, “New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability.”[1] In the NSR memo, EPA announced its intention to drop its long-standing position that the Agency can use its own... Continue Reading... ....
  • Court Denies Temporary Restraining Order to Halt Construction of Bayou Bridge Pipeline By Troy Charpentier and Matthew Smith After contesting the construction of the Dakota Access pipeline, environmental advocacy groups have turned their attention to the proposed Bayou Bridge pipeline in South Louisiana. The Bayou Bridge pipeline is a 162-mile-long, 24-inch-wide proposed pipeline which will cross the Atchafalaya Basin to connect facilities in Lake Charles, Louisiana to... Continue Reading... ....
  • Fifth Circuit Provides Guidance on Removability of Mass Actions under CAFA By Lou Grossman On January 9, 2018, a split panel of the United States Fifth Circuit Court of Appeals affirmed an order from the district court, denying a motion to remand a matter removed under the Class Action Fairness Act (“CAFA”). The 2-1 decision In Warren Lester, et. al. v. Exxon Mobil Corp., et. al.,... Continue Reading... ....
  • 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... ....