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Vol. 40, Nos. 1-44, pp. 1-2592 Jan. 2 - Nov. 6, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT (SAFETEA-LU)
– Diesel emissions, agreement calls for construction equipment reduction funding in next reauthorization bill, 2441
– GHG emissions reduction, Congress urged to include incentives in reauthorization, 224; further action, see LEGISLATION, FEDERAL, S 1036 – Stormwater discharges, clean water association seeks provisions in reauthorization, 1125; mid-Atlantic officials seek mitigation of roadway runoff in next bill, 1448 – Surface Transportation Assistance Act, House settles on $486.8B funding level, 1458
– Atlantic salmon, agencies expand protection in Maine, 1457
– Chinook salmon, Central Valley Project
– – Reconsultation requests unanswered, governor asks Obama administration to help resolve crisis, 2148; White House to lead effort to resolve crisis, DOI says, 2301
– – Water pumping operations must be changed to ensure chinook survival, biological opinion concludes, 1390; environmental groups seek to join legal battle by agricultural water users seeking to overturn opinion (E.D. Cal.), 2073; water agency, users challenge opinion (E.D. Cal.), 2144 – Hatchery Listing Policy on protecting wild fish over hatchery fish upheld (9th Cir.), 644 – Hells Canyon Dam, water temperature key issue in relicensing application, 1720 – Klamath River dam removal
– – Agreement deadline extended, 1657; parties announce draft agreement, 2306
– – Relicensing, FERC to consider discontinuation of process at meeting, 78 – Mine discharges, Alaska Clean Water initiative on ballot legal (Alaska), 2258 – Oregon coastal coho salmon, NOAA begins endangered species status review, 1014 – Pesticides
– – Biological opinion says carbaryl, carbofuran, and methomyl threaten fish, habitat, 1015
– – Labeling, challenge of biological opinion that malathion, chlorpyrifos, and diazinon adversely affect species dismissed (D. Md.), 1907 – Savage Rapids Dam removal opens 500 miles of spawning habitat in Or., 2417
– Associate Director of Environment, Obama intends to nominate Abbott, 504
– Chief Science Adviser, Obama names Holdren, 27; nominee answers questions at confirmation hearing, 378; Senate confirmation, 681
– Advisory committees, review of appointments could ensure integrity of documents produced, GAO analyst says, 1391
– Council of Advisors on Science and Technology, Obama announces members, 1012 – Decisionmaking, SAB members say EPA making progress on integration, urge agency to be attentive of social sciences and anticipatory research, 1011 – EPA priorities, FOIA suit alleges withholding of documents (D.D.C.), 1262 – Integrity in government decisionmaking, Obama orders drafting of policy to protect studies from political interference, 571 – Kyoto Protocol successor agreement, IPCC calls for more attention during talks, 2560 – Outlook 2009, SplRpt (1/16/09) S–46; SplRpt (1/16/09) S–47
– Biofuels, Mich. offers tax credits to install dispensing equipment, 648
– Documentation of fuel spill cleanup, Mass. penalty owners for failure to comply upheld (Mass. App. Ct.), 1863 – Gasoline distributor NESHAP, consent decree requires EPA to clarify applicability, duplicate requirements, 1543 – USTs
See generally WASTEWATER AND WASTEWATER TREATMENT
– Air pollution certificates, In Brief, 1625
– Arctic region, report warns of risks posed by increased traffic as ice melts, 1651 – Argon gas naturally occurring, pollution exclusion clause bars claims involving workers' deaths from leaking container (N.D. Tex.), 1399 – Ballast water management
– – Genmar Defiance operator to pay $1M for oily waste discharge (S.D. Tex.), 636
– – Georgios M
– – – Company settles charges with $1.25M (S.D. Tex.), 2525
– – – Engineers charged with concealing discharges (S.D. Tex.), In Brief, 2071 – – M/T Kriton, $4.9M fine against operator affirmed (2d Cir.), 236 – – Nautilus discharges
– – – Chief engineer pleads guilty to concealing improper discharges from tanker (D. Mass.), 567; chief engineer sentenced, In Brief, 1127
– – – Company to pay $2.5M fine as part of plea agreement in bilge waste dumping case (D. Mass.), 836; company sentenced, 1847
See CRUISE LINES
– – Canada, U.S. ask IMO to designate special emissions control areas, 741
– – Engines, Outlook 2009, SplRpt (1/16/09) S–6 – – Great Lakes ship exemptions – – New international standards will improve air quality at ports, says Inspector General report critical of EPA failure to regulate, 672 – – Nitrogen oxides, EPA proposes steep reductions, 1622; industry, environmental groups praise proposal, 1878; environmental advocates urge EPA to strengthen proposal, 1937; EPA publishes proposed rule, 2100; exclusion requests cite economic impacts, 2327; air advisory committee endorses panel recommendation to issue rules without exemption, 2392; Northeastern states ask Feinstein (D-Cal) to ensure EPA issues rule without exemption, 2441 – – Sulfur, estimate of annual deaths by 2012 higher than previous estimates, researchers find, 1698 – Emergency response, Wash. governor signs bill requiring industry to fund rescue tug to aid disabled ships, 723 – Emissions
– – Diesel emissions
See Diesel emissions, this heading
– – Reductions achievable through efficiency, operational improvements, IMO reports, 1244
– – Coast Guard traffic regulation duties not subject to consultation (N.D. Cal.), 781
– – Puget Sound killer whales, NOAA proposes boat traffic limits, 1906 – International Maritime Organization
See generally OIL SPILLS
– Pollution prevention, European Parliament endorses proposal to criminalize serious pollution discharges, 1076 – Recycling, IMO adopts shipbreaking convention, 1174 – Tax proposed to fund climate change adaptation for poorer countries, 1360 – Toxic antifouling system ban
– Construction permits, R.I. shipbuilder settles state, federal air violations with fine, 2392
– Superfund, Cal. city seeks recovery costs associated with Shipyar Sediment Site (S.D. Cal.), 2477
– Climate change, Cal. plan would have dire consequences, coalition says, 1732
– Emissions trading, witnesses ask Congress to mitigate costs of climate change legislation, 981 – Or. legislature passes air quality compliance bill, 1328; governor signs, In Brief, 1530
– ASARCO copper smelter air permit documents, court orders release (Tex. Dist. Ct.), 957
– Columbia River beach slag removal, In Brief, 1799 – Metales y Derivados site, Mexico, U.S. complete first cleanup under Border 2012 program, 333 – Palmerton Zinc Pile, companies agree to pay $21M in natural resource damages (M.D. Pa.), 1894 – Superfund
– – Blackwell Zinc Smelter cleanup, provision barring challenges to ongoing cleanups does not apply to state-led actions, residents' class action remanded (W.D. Okla.), 1066; suit fits under local controversy exception to Class Action Fairness Act, case remanded (10th Cir.), 2123
– – Tulsa Fuel & Mfg. site, EPA selects cleanup plan for abandoned Okla. site, 59 – – U.S. Smelter and Lead Refinery, EPA adds to NPL, 823 – – Village suit challenging Ill. cleanup action unlawful (C.D. Ill.), 1583
– Phosphorus content
– Vehicle emissions simulation, EPA releases draft version, 905
– Arsenic cancer risk recalculation may have costly impact on waste industry, critics say, 2138
– Brownfields
See generally BROWNFIELDS
– Ceramic tile plant owner agrees to pay $7M to reclaim Ohio site, 1067 – Hexavalent chromium, PPG agrees to clean up N.J. sites (N.J. Super. Ct.), 457 – Insurer has no duty to defend until notice of enforcement (Ind.), 1186 – Mercury, Tex. oil and gas company agrees to clean up La. sites, 1648 – Metals recycler ordered to comply with Colo. hazardous waste laws, identify contaminants (Colo. Dist. Ct.), 582; co-owner sentenced to jail, probation for violations of state laws, 2310 – N.Y. environmental conservation law provides no private right of action (W.D.N.Y.), 1326 – Perfluorochemicals, Minn. proposes $21M cleanup for 3M site, 1325 – Superfund sites
See generally SUPERFUND
See also generally RENEWABLE ENERGY
– ARRA funding, Obama announces $117.6M, 1243 – Coastal state site identification grants
– – Aggressive policies needed to foster development of renewable sources, industry executives say, 2291
– – Tex. Senate approves bill creating fund, 957 – Financing, Colo. governor signs bill expanding options, 1020 – Innovative technology, Salazar touts clean energy firms during visit to Colo. plant, 1890 – Loan guarantee award to panel maker first under accelerated plan, Chu says, 683; DOE approves $535M loan guarantee for Cal. panel maker, 2107 – Mohave Generating Station dismantling, Moore says closure could be opportunity to build plant, 1415 – Offshore resource development
– – Jurisdiction, FERC retains hydrokinetic projects, DOI to license renewables projects, 620; MOU details each agency's authority, 866
– – Leasing, DOI officials provide plan details at first of 12 workshops, 1363; MMS issues application procedures, 1766 – – Leasing, MMS issues final framework rule, 911 – – Permits, Salazar promises action on rule soon, 342; Salazar says final rule to be issued within months, 810; Cruikshank tells conference final rule weeks away, 867 – Public lands, DOI zones to expedite development, 1559; environmental advocates, energy developers generally support proposal, differ on allowing projects outside of zones, 2511 – Research, development, and demonstration activities roadmapping process – Sensitive lands, Feinstein (D-Cal) seeks protection from impacts of Cal. desert projects, 1167 – Tax incentives
– – Colo. governor signs bill extending to solar thermal systems, 1199
– – Md. governor signs bill extending exemption to power supplied to grid, 1201
– Climate change, materials management study outlines opportunities for GHG emissions reductions, 2238
– Definition revision
See HAZARDOUS WASTE
– Electronic waste
See ELECTRONIC WASTE
– Hazardous waste
See HAZARDOUS WASTE
See LANDFILLS
– Outlook 2009, SplRpt (1/16/09) S–17 – Pharmaceuticals, county association resolution encourages makers to develop reclamation programs, 1897 – Plastic bags
See PLASTICS
– Chlorinated solvents, prior owner of Neb. property not liable for contamination in two suits (D. Neb.), 111
– Contaminated wipes as hazardous waste, EPA to seek comment on risk analysis, 2458; revised analysis finds 8 of 20 solvents could pose risk, 2516 – 2-Hexanone, final IRIS assessment, In Brief, 2299 – Paint thinners, SCAQMD adopts rule to reduce VOC emissions, 580 – Rail car manufacturer settles RCRA complaint at N.Y. plant with fine (S.D.N.Y.), 2355
– Barite Hill/Nevada Goldfields, EPA adds to NPL, 823
– Electric power, governor opposes construction of Santee Cooper Florence County plant, 402 – Ozone, SIP for Charlotte, N.C., area withdrawn, 1102 – Wetlands, advocates challenge fill permit (D.S.C.), 704
– Emission reduction credits, court dismisses challenge to rules allowing new electric power projects to purchase offset credits reserved for public services (Cal. Super. Ct.), 1861; state legislature approves bill to lift permit moratorium, 2208
– Los Angeles air basin ozone compliance plan, EPA approves portions of plan, 215 – Ozone nonattainment fees, officials consider imposition on major stationary sources of NOx, VOCs, 133; air district postpones vote until Dec., 2208 – Paint thinners and solvents, rule limits VOC emissions, 580 – Paints and coatings, district erred in setting technology-forcing VOC standards (Cal. Ct. App.), 2421
– CAFO siting, municipality had authority to grant waiver to dairy (S.D.), 1798
– Electric power plants, EPA files objections to operating permit for proposed Big Stone II project, 214; permit revisions, In Brief, 404; lead developer withdraws from project, 2185; remaining developers withdraw from project, 2562 – Wetlands, builder to restore areas damaged during construction of residential development (D.S.D.), 1309
– EU presidency, industry minister outlines goals, 2347
– Oil spills, Prestige certified fit for oil transport, suit against nongovernmental regulatory body remanded (2d Cir.), 1445 – Renewable energy, joint U.S. effort announced, 693
– Air quality nonattainment fees, states look to EPA for guidance, 2264
– Climate change, Senate vote in fall hinges on elusive health care deal, 2030 – Coal ash, environmental advocates call for regulation, industry looks to states, 306 – Construction and development point sources, interested parties diverge on EPA proposal for effluent limitations guidelines and NSPS, 1919 – Corporate responsibility, disclosure of environmental risks expected to lead to new SEC requirements, 1800 – Economic stimulus bill may provide substantial new funding for water, sewer projects, 199 – Emissions trading, EPA regulations could be less burdensome than cap-and-trade bill, attorneys say, 199 – Environmental policy, Obama administration off to fast start, 726 – Motor vehicles, auto makers seek cash for clunkers program to spur sales, boost fuel economy, 960 – Oil spills, effects of Exxon Valdez still felt 20 years later, 657 – Outlook 2009, SplRpt (1/23/09)
– Hanford Site
– Management, new approach emphasizes interim storage, recycling, NRC commissioner says predicting capability within our lifetimes, 1509 – Nuclear Waste Fund fee collection allowed despite DOE default on disposal contract (U.S., rev den), 112 – Outlook 2009, SplRpt (1/16/09) S–22 – Recycling
– – Ban on commercial operations grand mistake in energy policy, former senator tells forum, 827
– – Commercial operations decades away, DOE to explore more options, official tells conference, 634 – – Demonstration project cancelled in fabor of long-term research and development strategy, DOE notice, 1565 – – Policy analysts oppose reprocessing, say it will increase waste, cost, risk, 1773 – – Regulation
– – – Industry drafts framework, outlines licensing options, 285
– – – NRC chair stresses desire to strengthen structure despite increased workload, budget constraints, 1645 – Science-based research will close fuel cycle, determine geologic conditions favorable for disposal, INEL official tells conference, 2012 – Storage
– – Dry cask method safest option, Jaczko says, 2244
– – On site, NRC proposes license term extension to 40 years, 2195 – – Prairie Island power plant capacity expansion, administrative law judge recommendation expected by mid-Oct., 2260; judge recommends increasing spent fuel storage, 2534 – – Technical review board shifts focus from permanent disposal to interim storage, 2298 – Waste confidence rule, revision expected by summer, Klein tells Senate committee, 633; work on revision progressing, Jaczko says, 2244; Jaczko votes to publish final rule, breaking with other 2 commissioners, 2298 – Waste policy unclear, administration, Congress must act expeditiously to set course to support nuclear energy expansion, institute says, 1302 – Yucca Mountain disposal facility
See also specific states
– Air quality, regulators seek increase in federal grants, 974 – Brownfields, EPA rule provides flexibility in combining various grants, 1437 – Chesapeake Bay watershed protection plan could include strict pollution reduction accountability, Jackson says, 2199; states express concerns, 2524 – Climate/energy coalition, governors form, 1246 – Coal ash, many states have minimum regulations, survey finds, 826 – Discharge permits
– – Fee programs, officials urge EPA to withdraw rule linking grants to implementation, 288
– – Pesticide application, exemptions
See PESTICIDES
– Electric power transmission lines, court limits FERC's ability to overrule states based on national interest (4th Cir.), 442; FERC requests reconsideration, 819 – Electronic document receiving systems, EPA extends deadline for upgrades, 27 – Energy efficiency, $3.2B in economic stimulus funding available, 761; DOE makes $2.7B available, 923 – Enforcement, Outlook 2009, SplRpt (1/16/09) S–30 – Fuel efficiency standards, DOT considers decision barring states from setting standards, 623 – GHG regulation, greater role called for, EPA officials tell conference, 1499 – Midwestern governors urged to commit to climate policies, cap-and-trade, 2109 – Nutrient criteria and standards, EPA SAB panel opens review of draft guidance to states, 2129; SAB to complete review by Dec., 2198 – Ocean resources and Great Lakes management, Mass. environment official asks task force to consider states' views in drafting national policy, 2302 – Ozone NAAQS, EPA proposal requires monitoring in rural areas, 1696 – Pesticide application, discharge permits
See PESTICIDES
– Preemption, Obama reverses Bush administration policy, 1259 – Radioactive materials, Inspector General calls for improvement in NRC oversight of programs, 767 – Renewable energy
– – Electricity standard, Senate panel approves Bayh (D-Ind) amendment allowing states to collect certain revenues, 1359
– – National distribution system unnecessary, states can use resources within own borders, report says, 2346 – Stationary reciprocating internal combustion engines, proposed NESHAP imposes undue administrative burden, comments say, 1349 – Vehicle emissions
– – Cal. regulation
See CALIFORNIA
– – Simulation software, EPA releases draft version, 905
– – Enforcement, officials seek voice in setting priorities in letters to Giles, 2249
– – Grants linked to implementation of fee programs, officials urge EPA to withdraw rule, 288; EPA to rescind rule linking water grants to program fees, Jackson tells conference, 705; EPA withdraws rule, 830; EPA issues final rule withdrawing regulation, In Brief, 879 – Wood-burning stoves, EPA recommends consideration of incentives, programs to reduce particulate emissions, 2330
– Assistant secretary for oceans and international environmental and scientific affairs, Obama plans to nominate Jones, 1577; Jones pledges to build partnerships on climate at confirmation hearing, 1827
– Climate change, Clinton names Stern as special envoy, 221
See also specific states
– Transboundary pollution, suit alleges EPA late in filing federal plans for 7 states (N.D. Cal.), 1351
– Drinking water allocations, EPA publishes, 1254
– Economic stimulus package – Reauthorization
– – House bill expected in spring, funds could be used for energy efficiency, 286; further action, see LEGISLATION, FEDERAL, HR 1262
– – Senate committee expected to mark up bill soon, 1071; further action, see LEGISLATION, FEDERAL, S 1005
– Electric power plants
– Superfund, one party's actions not basis for tolling time bar against another (S.D. Tex.), 2462
– Toxic substances migrated from chemical plant, question remains when farmer knew of contamination (8th Cir.), 1567
– Hazardous waste releases from coal sludge ponds in W. Va., suit dismissed (D.C. Cir.), 281
– Ind., common-law claims barred, brownfields statute claim timely (Ind.), 252 – Md. governor signs bill extending environmental statute limitations period to local governments, 1142
– Oregon, CERCLA discovery rule applies (U.S., rev sought), 557; (rev den), 1505
– Aboveground tanks
– Citizen suits, environmental group's catalyst theory argument to establish substantially prevailing party rejected (5th Cir.), 25
– Coal tar pavement dressings and sealants, D.C. ban, In Brief, 1671 – Combined sewer overflows, House subcommittee addresses policy, 704 – Composting runoff, N.C. governor signs bill, 1797 – Concrete producer settles violations with $2.75M (D. Mass.), 1962 – Construction and development point sources, interested parties diverge on EPA proposal for effluent limitations guidelines and NSPS, Special Report, 1919; EPA proposes extending 2008 general permit for one year, 2467 – Development, EPA proposes survey to gather information for rulemaking, 2575 – Environmental justice, dismissal of Vancouver community group's lawsuit against EPA regarding system upgrades overturned (9th Cir.), 2253 – EPA administrator tells conference runoff one of biggest water issues, 2130 – Ethanol producer agrees to pay fine for exceeding production, discharge limits at Minn. plant, 2585 – Highway runoff, clean water association seeks provisions in SAFETEA-LU reauthorization, 1125; mid-Atlantic officials seek mitigation provisions in next bill, 1448 – Idaho construction firms fined, In Brief, 2525 – Maryland
– – Developers must use environmental site design methods where possible under new regulations, 1465
– – Waterkeepers challenge general permit use by construction projects, 82; state, waterkeepers settle challenge, 1265
– – Bronx River, attorney general announces funding for protection efforts, 2150
– – Village ordered to fix system, In Brief, 2071 – Outlook 2009, SplRpt (1/16/09) S–24 – Pipeline company settles Wis. violations (Wis. Cir. Ct.), 84 – Railroad agrees to restore Nev. desert streams and wetlands, pay civil penalty (D. Nev.), 1960 – Residential builder must restore wetlands filled during development (D.S.D.), 1309 – Sewer connections, EPA proposes fines for 9 communities in Mass., N.H. for permit violations, 2015 – Small MS4s, EPA plans to reissue NPDES general permits in New England, 69 – Virginia
– – Management, agency proposes statewide control regulation, 1587; water conservation board adopts regulation, 2376
– – Plasticulture method of tomato growing, regulation, In Brief, 1866 – – Transfer of programs to localities, legislature sends bill delaying effective date to governor, 403; governor signs bill, 851
– – Low-impact controls, pollution control board urges use, 356
– – Municipalities, state intends to issue general permits, 723; agency issues permits requiring reductions in polluted runoff through low-impact development techniques, 1529; agency issues industrial permit targeting copper, zinc, 2535
– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.
– Indemnification agreement does not establish liability under Pa. law (E.D. Pa.), 1507
– Transfer of assets and liabilities to subsidiary transfers insurance coverage for pre-existing environmental liabilities (N.D. Ohio), 1916
– Everglades restoration, farmland purchase
– – Financing, $650M in bonds approved (Fla. Cir. Ct.), 2149
– – Fla. scales back purchase citing struggling economy, 786; water district approves revised purchase proposal, 1200
– Marine fuel oil, EPA proposes lower content, 1622; industry, environmental groups praise proposal, 1878; environmental advocates urge EPA to strengthen proposal, 1937
– Oceangoing ship diesel fuel content, Outlook 2009, SplRpt (1/16/09) S–6 – Ship emissions, estimate of annual deaths by 2012 higher than previous estimates, researchers find, 1698
– Acid rain
See ACID RAIN
– Risk assessment, EPA extends comment period on draft report, 1232; report recommends establishment of one-hour standard, 1937; EPA science advisers question timetable for review of standards, 2045 – Ship emissions, new international standards will improve air quality at ports, says Inspector General report critical of EPA failure to regulate, 672 – Sulfuric acid manufacturing
– Risk assessment, EPA reports current levels in air harm environment, 2223
– NSR violations
– – Enforcement initiative results in settlement agreements with 3 companies to install pollution controls (N.D. Ohio), 97
– – Fertilizer maker agrees to install pollution controls, pay fine (E.D. La.), 2329
– GHG potential, climate impact raises concern for methyl bromide substitute, 277
– Ed. Note: This heading is used for federal sites only. For state superfund program sites, see specific states.
– Account management ineffective in 819 special accounts, inspector general report says, 701 – Aerojet manufacturing facility, Sacramento County files suit over groundwater contamination (E.D. Cal.), 1651 – Agricultural property owners agree to cleanup site where pesticides, other chemicals illegally dumped, 1647 – Algro Knitting site, consent order does not waive government right to seek statutory penalties (D.N.J.), 1368 – Allied Paper/Portage Creek/Kalamazoo River site, paper company agrees to pay $13M to clean up former landfills (Mich. Dist. Ct.), 1180; company agrees to spend $10M on additional cleanup along river, 1369 – American Recovery and Reinvestment Act provisions – Asbestos
– – Diminished property value not recoverable as response cost (W.D. La.), 765
– – Hazardous substance never released outside, no CERCLA claim against prior owner (U.S., rev sought), 556; (rev den), 934 – – Libby vermiculite mining site – Bankruptcy, EPA must publish financial assurance list (N.D. Cal.), 488; EPA says hardrock mining top priority, 1713; EPA has discretion to promulgate and implement regulations affecting operators, 1953; EPA plans to propose hardrock mining rule by spring 2011, 2188 – Beede Waste Oil Site, Mass. agencies agree to pay $2.85M to resolve liabilities at N.H. site (D. N.H.), 871 – Behr Facility, CERCLA investigation of automobile parts manufacturing site no bar to class action (S.D. Ohio), 995 – Breslube-Penn Inc. site, companies agree to pay $15M to complete cleanup (W.D. Pa.), 1297 – Brewer Road Site, PRP complying with consent order may seek to recover response costs (2nd Cir.), 628 – Brown & Bryant facility
– – Arranger liability, joint and several liability appropriate where court unable to divide harm (U.S., oral arg), 426; (rvs and rem), 1059; decision new path to fairness, lawyers tell seminar, 1178; science role in CERCLA diminished by decision, Analysis and Perspective, 1205; decision changes CERCLA landscape, Analysis and Perspective, 1979
– – Railroads agree to replace drinking water well, 280 – Cherokee County Site
– – Economic stimulus funds released for cleanup, 870
– – EPA appropriations include buyout of residents, 2569 – Citizen suits, informal EPA concurrence with state's proposed investigation, study sufficient to bar suit (E.D.N.Y.), 279 – Climate change impacts exacerbating hazards, advocates say calling for reinstatement of tax, 702 – Combe Fill South Landfill, hundreds of defendants agree to pay $99M to N.J., EPA for past and future cleanup costs (D.N.J.), 59 – Commencement Bay Nearshore/Tideflats Site
– – Contribution claim by party that is not target of cost recovery, court reverses error (W.D. Wash.), 229
– – Hylebos Waterway
– – – Chemical, wood manufacturing companies would pay $2.33M in response costs under proposed consent decree (W.D. Wash.), 1841
– – – Oil storage firm to agrees pay response costs (W.D. Wash.), 281 – Cooper Drum Site, EPA orders 43 parties to clean up site, 430 – Cooperative agreements, IG reports EPA has improved efforts to reduce unliquidated obligations, but uniform policy needed, 2242 – Cost recovery, IG report calls for better internal controls, 994 – Des Moines Ex-Ordnance Site Landfill and Lagoon Complex, Army Corps of Engineers to pay $2.6M in cleanup agreement, 280 – Diamond Alkali Site
– – Final EPA plan calls for mechanical dredging of sediment, 109
– – Subcontractor, owner plead guilty in kickback, fraud scheme (D.N.J.), 494; federal government indicts additional subcontractors, 2191 – Dugway Proving Grounds, DOD preliminary actions bar suit to expedite cleanup of adjacent property (U.S., rev den), 765 – Dunnett's Cove, Penobscott River pollution claims against railroads survive narrower arranger liability rule (D. Me.), 1715 – Eagle Picher Carefree Battery Site, bankrupt electronics maker liable for $9M cleanup costs (6th Cir.), 931 – EPA administrator nominee Jackson commits to site cleanups, 107 – Erosion control expenses not recoverable as response costs (E.D. Mich.), 2189 – Eureka Mills, EPA releases economic stimulus funds for cleanup, 870 – Expert testimony on third-party tests speculative, insufficient to show hazardous release (4th Cir.), 110 – Federal Creosote Site
– – Bankruptcy, federal authorities allege company attempted to evade cleanup liability through restructuring (Bankr. S.D.N.Y.), 1250
– – Electrical subcontractor receives prison sentence for role in fraud and kickback scheme (D.N.J.), 1715 – – Landscaping subcontractor pleads guilty to conspiracy to commit fraud (D.N.J.), 1563; sentencing, 2569 – – Sales representative for subcontractor pleads guilty in bid-rigging scheme (D.N.J.), 2569 – – Soil cleanup company former executive pleads guilty in scheme to defraud EPA (D.N.J.), 1647 – – Subcontractor, owner plead guilty in kickback, fraud scheme (D.N.J.), 494; government indicts additional subcontractors, 2191 – First Energy liability, cost recovery claim improperly barred, suit reinstated (2d Cir.), 1117 – Ft. George G. Meade site, Md. files suit to force Army compliance with cleanup order (D. Md.), 18; Cardin (D-Md) says cleanup agreement should be signed this summer, 870; EPA, agencies reach agreement on cleanup process, 1503; state withdraws suit citing binding agreement, 2533 – FY2010 budget, Boxer (D-Cal) raises questions about reduction in number of cleanups, 1128 – Garland Creosoting Site, EPA releases economic stimulus funds for cleanup, 870 – Goodrich Corp. Rialto site, EPA must release vadose zone model used to assess perchlorate contamination (D.D.C.), 231 – Green remediation, EPA releases strategy designed to limit environmental impact, 2115 – Hanford site – 2-Hexanone, final IRIS assessment, In Brief, 2299 – H&H Enters. site, auto fluff illegally dumped, settlement calls for $8.3M reimbursement to EPA (Bankr. N.D. Ill.), 1252 – Hill Street Site, prior settlement agreement does not establish successor liability in later action (N.D. Ind.), 491 – Homeowners' expenses not recoverable as response costs, did not further cleanup (D.N.J.), 2294 – Horse Heaven Mine, discovery rule applies to state statutes of repose (U.S., rev sought), 557; (rev den), 1505 – Hudson River, PCB dredging project
See PCBs (1336-36-3)
– Insurance
– – Duty to defend exists if facts alleged in complaint compel coverage under R.I. law (1st Cir.), 792
– – Offset unresolved, order on liability not appealable (7th Cir.), 1646 – Iron Mountain Mine, EPA releases economic stimulus funds for cleanup, 870 – Kearny Site, purchase and sale agreement provision requires current owner to indemnify seller for pre- and post-sale pollution (3d Cir.), 387 – Landia Chemical Co. site, companies, individuals agree to pay $8.5M in cleanup costs (M.D. Fla.), 2123 – Lawrence Livermore Natl. Lab., DOE faces penalties for failure to resume cleanup, 60; DOE resumes cleanup, will pay fine, 824 – Libby vermiculite mining site, asbestos contamination – Lower Fox River, Green Bay, and Lake Michigan PCB cleanup
See PCBs (1336-36-3)
– Manufactured gas sites, utility not liable for 9 sites under cost recovery action (D. Conn.), 1298 – McClellan Air Force Base, partial cleanup plan approval, In Brief, 1775 – McColl Site, oil companies entitled to damages, interest for cleanup of waste from manufacture of aviation fuel for military during WWII (Fed. Cl.), 821 – McGuire Air Force Base site, EPA, Air Force reach agreement on establishing framework for cleanup plan, 2242 – Michigan Consol. Gas Co. manufactured gas plant site, costs incurred under consent order recoverable (E.D. Mich.), 2358 – Midwest Metallics site, auto fluff illegally dumped, settlement calls for $8.3M reimbursement to EPA (Bankr. N.D. Ill.), 1252 – Military facilities, GAO report faults DOD for failing to sign cleanup contracts with EPA, 935 – Mines and mining
See also specific sites, this heading
– – Asarco settles claims at 54 sites, agrees to pay more than $1B (S.D. Tex.), 699; settlement approved, 1367 – – Discharges in national forest, citizen CWA suit barred as challenge to ongoing cleanup (W.D. Wash.), 1368 – – Financial assurance, EPA priority to consider regulation (N.D. Cal.), 1713; EPA plans to propose hardrock mining rule by spring 2011, 2188 – – Fraudulent stock transfer, Asarco awarded $6B damages, should cover environmental liabilities (S.D. Tex.), 821 – – Libby vermiculite mining site, asbestos contamination – Mount Baker-Snoqualmie Natl. Forest area, Forest Serv. pre-cleanup steps under CERCLA bar Clean Water Act citizen suit, government argues (W.D. Wash.), 557 – Nanotechnology use in cleanups, NIEHS research grants available, 881 – Natural resource damages claims stemming from aquifer contamination do not invoke federal jurisdiction (D.V.I.), 2125 – NPL – Outlook 2009, SplRpt (1/16/09) S–19; SplRpt (1/16/09) S–19 – Palmerton Zinc Pile, companies agree to pay $21M in natural resource damages (M.D. Pa.), 1894 – Palos Verdes Shelf site, EPA to hold meetings to discuss DDT, PCB containment plan, 1437; EPA announces $50M cleanup plan, 2356 – Parent company not directly liable for contamination on subsidiary's property (W.D. Mich.), 1842 – Polluter pays tax
– – Bankruptcies, Blumenauer (D-Or) says reauthorization needed to respond to polluters trying to shirk responsibility, 1641
– – Budget, FY2010 plan assumes reinstatement, oil industry objects, 489 – – Reauthorization
– – Cost recovery action targets 68 companies (D. Or.), 1065
– – PCBs, other chemical contaminants pose greatest risks to humans, animals, EPA reports, 2518 – Program management, IG report cites errors in billing, inefficient use of funds, remediation delays, 172; IG says uniform policy needed for identifying unspent funds, 2242 – Proportionate share appropriate method of settlement credit in perchloroethylene cleanup (E.D. Cal.), 328 – Public participation, EPA official solicits advice from stakeholders, community on policy making, cleanup programs, 2058 – Quehanna nuclear reactor facility, party need not qualify as plaintiff, defendant to intervene in proposed consent decree (M.D. Pa.), 2243 – Remco Hydraulics Facility, other lawsuits do not constitute notice of cause of injury (N.D. Cal.), 2517 – Rialto-Colton groundwater basin, challenge of pattern and practice for unilateral administrative order rejected (9th Cir.), 2008 – Roebling Steel Site, EPA releases economic stimulus funds for cleanup, 870 – San Gabriel Valley site, Puente Valley Operable Unit, aerospace contractor, 40 other parties agree to pay $21M on groundwater cleanup, 2123 – Santa Clara Valley groundwater recharging costs not recoverable as response costs (N.D. Cal.), 2060 – Settlement negotiations, EPA revises procedures, schedule, 2408 – Sewer leaked contaminants, city may be liable as owner/operator (E.D. Cal.), 2190 – Shipyard Sediment Site, Cal. city seeks recovery costs from Navy, shipbuilders, utility (S.D. Cal.), 2477 – Shooting range suit not ripe, consumer product exception avoided (9th Cir.), 1841 – Shopping center property manager not liable as owner (N.D. Ga.), 2408 – Solvent Savers Site, 4 parties agree to pay $14.8M for remediation (N.D.N.Y.), 430 – South Valley site, Air Force, DOE to pay $3.3M response costs (D.N.M.), 1504 – Spoliation of evidence, soil samples barred in innocent landowner cost recovery action (D. Conn.), 1299 – Statute of limitations, one party's actions not basis for tolling time bar against another (S.D. Tex.), 2462 – Stringfellow Acid Pits, concurrent causation requires insurers to pay all indivisible damage-related costs (Cal.), 581 – Successor liability, prior settlement agreement does not establish liability in later action (N.D. Ind.), 491 – Summitville Mine site, collateral source rule inapplicable (10th Cir.), 1299 – Supreme Court cases, Outlook 2009, SplRpt (1/16/09) S–32 – Supreme Court decisions change landscape, Analysis and Perspective, 1979 – Tar Creek Site, ongoing federal investigation no bar to tribe's state natural resource damage claims (N.D. Okla.), 492 – Tittabawassee River, Dow Chem. dioxin contamination near Midland, Mich.
See DIOXINS
– Tulsa Fuel & Mfg. site, EPA selects cleanup plan for abandoned smelter, 59 – Unilateral administrative orders satisfy due process rules (D.D.C.), 227 – United Scrap Lead site, scrap metal company to pay $1.6M in cleanup costs (S.D. Ohio), 386 – USMRC site, disturbance of waste during investigation not disposal absent negligence, no arranger liability (D.N.J.), 1563 – Vermont Asbestos Group Mine site, bankrupt former owner to pay $25.6M for remediation work (Bankr. D.N.J.), 1640 – Vineland Site, EPA releases economic stimulus funds for cleanup, 870 – Welsbach Co. and General Gas Mantle Co. Site, EPA releases economic stimulus funds for cleanup, 870 – West Valley site, N.Y., federal governments settle allocation suit (W.D.N.Y.), 2517 – Woodland Dump Sites, chemical maker pays $1.4M to N.J. for natural resources damages (N.J. Super. Ct.), 1145
– Discharge permits
– – Copper mine's permit rejected for allowing pollutants into impaired river (rev den), 116
– – Regulatory jurisdiction of mine waste discharges into lake (oral arg), 115; waste regulated as fill material (rvs), 1511
– – Allocations from federal reservoir between Fla., Ga., and Ala. (rev den), 117
– – Filtration waiver, N.Y. watershed towns lack standing to seek review (rev sought), 1255; (rev den), 1569 – – Golf club fined for failure to obtain water system license, ensure safety of well water (rev den), 117 – – Military base contamination alleged cause of child's heart defect, personal injury claim denied (rev sought), 282; (rev den), 1376 – Exxon Valdez oil spill damages payments, seafood processor's effort to gain larger share (rev den), 2363 – Logging road ownership, environmental groups have standing to participate in suit (rev den), 716 – MACT, startup, shutdown, or malfunction exemption vacated, industry groups seek review of constructive reopening (rev sought), 2549 – Mercury emissions from power plants, groups oppose review of decision overturning rule (brief filed), 216; (rev den), 414 – Mountaintop mining permits, orders blocking 4 W.Va. operations overturned (rev sought), 2119 – Outlook 2009, SplRpt (1/16/09) S–32 – Prevention of significant deterioration, Franklin County Power lack of valid permit blocks construction of Ill. plant (rev sought), 1045; (rev den), 1542 – Radioactive waste, Nuclear Waste Fund fee collection allowed despite DOE default on disposal contract (rev den), 112 – Sotomayor nominated to replace Souter, 1258; Sotomayor defends decisions at confirmation hearing, 1723; environmental groups endorse nominee, 1724; Senate confirms Sotomayor, 1905 – Superfund
– – Arranger liability, joint and several liability appropriate where court unable to divide harm (U.S., oral arg), 426; (rvs and rem), 1059; decision new path to fairness, lawyers tell seminar, 1178; science role in CERCLA diminished by decision, Analysis and Perspective, 1205; decision changes CERCLA landscape, Analysis and Perspective, 1979
– – Asbestos, no claim against prior owner when hazardous substance never released outside (rev sought), 556; (rev den), 934 – – Decisions drastically change landscape, Analysis and Perspective, 1979 – – Discovery provision applies to state statutes of repose (rev sought), 557; (rev den), 1505 – – Preliminary actions bar suit to expedite cleanup of property adjacent to Dugway Proving Grounds (rev den), 765
– – Beach-front erosion control, Fla. law does not constitute taking (rev sought), 783; (rev grant), 1456; federal government may present argument (oral arg), 2469
– – Coastal property development permit denial, claim not ripe due to lack of final ruling by Cal. commission (rev den), 451 – 2008-2009 case review finds decisions that do not bode well for future of environmental law, Analysis and Perspective, 2154 – Water quality standards, cooling water intake structures, EPA may consider costs to utilities (rev and rem), 770; Sotomayor defends appellate decision, 1723
– Carbon neutral buildings, governors collaborate with architect, design groups, In Brief, 1769
– China, U.S. announce collaboration on building efficiency, sustainable cities, 1764 – Green economy initiatives
– – ARRA funds
– – – Federal agencies outline use of funds including green jobs, energy-efficient buildings, 1768
– – – Green building council offers suggestions on funding programs, 1193 – – Climate change, inclusion of provisions – – Existing jobs preservation, avoidance of subsidies should be part of green jobs proposals, Bond (R-Mo) says, 989 – – Green jobs definition, BLS finds no consensus, limited data, 990 – – Japan initiative to curb GHG emissions, create jobs, 929 – – Low-carbon technology development would create jobs, panelists say, 484 – – Permanent jobs with living wages must result from programs, panel told, 484 – – Public school facilities modernization – Low-carbon technology development would create jobs, panelists say, 484 – Renewable energy, fossil fuel phaseout may be possible with shift to technologies, energy efficiency policies, report says, 548 – Retail industry, Wal-Mart plans to reduce phosphates, packaging in products sold in foreign markets, 237 – Urban communities, officials announce partnership to lower costs, expand options, 690; EPA, HUD, DOT launch partnership, 1459; Obama announces selection of communities in 4 states to receive technical assistance, 2255 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
