Author Archives: Marc C. Bryson

EPA Withdraws “Once In, Always In” Policy for the Classification of Major Sources of HAPs

In a memorandum dated January 25, 2018, and authored by newly appointed Assistant Administrator, Bill Wehrum, the United States Environmental Protection Agency (“EPA”) withdrew its “once in, always in” policy for the classification of major sources of hazardous air pollutants (“HAPs”) under section 112 of the Clean Air Act (“CAA”).

Indiana Legislature Considers Aboveground Storage Tank Legislation

On January 12, 2015, the Indiana Senate Environmental Affairs Committee heard a first reading of two bills aimed at addressing perceived threats to public water supplies posed by aboveground storage tanks. Senator Ed Charbonneau, the Republican Chair of the Senate Environmental Affairs Committee introduced Senate Bill 311 (Recovery of remedial action oversight costs) and Senate… Read More »

Australia Repeals Carbon Tax

On Thursday, July 17, 2014, Australia’s Senate voted 39-32 to repeal the nation’s carbon tax. The House of Representatives approved the repeal earlier this week. Australia is the world’s 12th largest economy and the second largest per capita carbon dioxide emitter. The Clean Energy Act of 2011 created the carbon tax, known as the “carbon… Read More »

New York Court of Appeals Considers Fracking Bans

In August 2011, the Town of Dryden, New York amended its zoning ordinance to ban all activities related to the exploration, production or storage of natural gas and petroleum. Petitioner Norse Energy’s predecessor in interest, Anschutz Exploration Corporation, owning leases covering approximately 22,200 acres of land in the Town of Dryden, initiated an action seeking… Read More »

Colorado Ruling Upholds Renewable Energy Standard but Leaves Questions Unanswered

On May 9, 2014, a Colorado federal judge dismissed a suit challenging the constitutionality of Colorado’s Renewable Energy Standard (“RES”). Colorado’s RES was created by the passage of Amendment 37 in 2004 and codified in 2005 as Colorado Revised Statute § 40-2-124, requiring certain Colorado electric utilities to procure a specific percentage of its retail… Read More »

EPA Publishes New Power Plant Emissions Rule

The United States Environmental Protection Agency (EPA) published proposed New Source Performance Standards (NSPS) for regulating carbon dioxide emissions from new fossil fuel-fired power plants in the Federal register on January 8, 2013. The 60-day public comment period for this proposed rule closes on March 10, 2014 and there is a public hearing scheduled for… Read More »

EPA Efforts to Limit the Application of 8th Circuit Loss Could Result in Nationwide Litigation

Earlier this year, the Iowa League of Cities successfully challenged The United States EPA regarding the management of wastewater flows during heavy rain. The Eight Circuit Court of Appeals sided with the League and threw out EPA policies restricting utilities’ options for handling wet weather flows. As a result of this case, the EPA can… Read More »

West Virginia Chicken Farmer Defeats EPA in Federal Lawsuit over Clean Water Act Permit

On October 23, 2013, Lois Alt, owner of Eight is Enough Farm1 in Hardy County, West Virginia, won summary judgment in the U.S. District Court for the Northern District of West Virginia against the United States Environmental Protection Agency (“EPA” or “Agency”) and a number of environmental groups. Ms. Alt filed suit seeking declaratory judgment… Read More »

Pending USEPA Decision on Kentucky’s Proposed Selenium Standard Could Create New Battle in the War on Coal

The State of Kentucky is still waiting on a decision from the United States EPA regarding their proposed state water quality standard for selenium. Kentucky is the first coal producing state to submit a proposed state water quality standard for selenium based on new data that suggests less stringent requirements would adequately protect aquatic life.… Read More »