Reporting on the Evolving Field of Environmental Law
Last week, a federal judge denied a request from the U.S. Environmental Protection Agency (“EPA”) seeking to shift its timeline for implementing a 2016 rule targeting landfill emissions. As a result, EPA is required to finalize its federal implementation plan for landfill methane emissions by January 14, 2020.
This ruling marks the latest turn in…
The U.S. Environmental Protection Agency (EPA) released a decision last week stating that revisions to the federal regulations for the management of wastes from the exploration, development, and production of crude oil, natural gas, and geothermal energy (i.e. oil and gas wastes from hydraulic fracturing and directional drilling) are not necessary at this time. EPA…
Last May, the Trump EPA issued a 90-day stay of two Obama-era landfill methane rules, namely the Standards of Performance for Municipal Solid Waste Landfills (NSPS Subpart XXX) and the Emissions Guidelines (EG). EPA was responding to concerns by industry groups to reconsider portions of the rules. After the stay was put into place, the…
Continuing on our discussion of the electronic manifest (e-Manifest) system, EPA Administrator, Scott Pruitt, signed the e-Manifest User Fee Final Rule on December 20, 2017. EPA expects the final rule to be published in the Federal Register in the coming weeks. The pre-publication version of the final rule is attached here.
Under the final…
An Illinois appellate court recently ruled that the 15 year post-closure monitoring requirement for sanitary landfills under the Illinois Environmental Protection Act sets the minimum, not maximum, period, and that that the operator will be required to continue post-closure monitoring if the threat of future violations of the Act is present.
D&L Landfill, Inc., the…
By rule published in the Federal Register today, EPA is staying the New Source Performance Standards (NSPS) and Emissions Guidelines (EG) final rules for municipal solid waste landfills, in their entirety, for 90 days pending reconsideration. The rules are found at 40 CFR Part 60, Subparts Cf and XXX and had been published…
Mr. Trump made cutting regulations a central promise of his campaign. At one point he suggested 70% of federal regulations could be eliminated. Although his staff quickly walked that number back, there is little doubt that at least a few EPA regulations will be among those the administration will target.
An agenda that involves a…
A group of waste industry trade associations and waste management and recycling companies is challenging the EPA’s recently finalized Clean Air Act rule that revises Emission Guidelines for existing municipal solid waste (MSW) landfills. The National Waste & Recycling Association is among those that petitioned the United States Court of Appeals for the District of…
If the United States is going to meet its greenhouse gas emission reduction commitments under the Paris Agreement, it is going to have to significantly overhaul its waste management practices. At least that is the conclusion of Shift Energy Holdings CTO Adrian Tylim. Writing in Waste Dive, he notes that landfills account for 20% of…
Beginning on October 28, 2016, new and modified municipal solid waste (MSW) landfills are now subject to updated New Source Performance Standards under the Clean Air Act 81 FR 59331. The U.S. EPA has also issued new rules for existing MSW landfills, but they must be implemented through state or federal implementation plans before…
