On October 22, 2020, Andrew Wheeler, EPA Administrator, signed the final rule adopting the “project emissions accounting” approach to Step1 of the Prevention of Significant Deterioration (PSD) and major nonattainment area new source review (NNSR) programs. The final rule provides that both increases and decreases resulting from a proposed project […]
Category: News
October 21, 2020 President Trump Signs Executive Order to Establish Water Subcabinet Efficiency in federal water issues is a goal sought by many different users across all political and user spectrums. On October 13, 2020, President Trump issued an Executive Order creating a Water Subcabinet to promote coordination across federal agencies […]
NJDEP Releases Global Warming Response Act 80X50 Report – Update from Manko Gold Katcher Fox
October 22, 2020 Bruce S. Katcher MGKF Newsflash On October 15, 2020, the New Jersey Department of Environmental Protection (NJDEP) released New Jersey’s Global Warming Response Act 80X50 Report (the Report), outlining the agency’s plans and recommendation as to how the state should achieve the Act’s stated goal of reducing the state’s […]
United States Found Not Liable As Operator Under CERCLA For Shutdown Order – Update from Manko Gold Katcher Fox
October 22, 2020 Stephen D. Daly MGKF Litigation Blog In a split decision that could have ramifications for future lawsuits involving the present pandemic, a majority panel in the Ninth Circuit held that the United States was not liable under CERCLA as an “operator” at the Lava Cap Mine Superfund […]
On October 19, 2020, the U.S. Environmental Protection Agency (EPA) published a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents consistent with Executive Order (EO) 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” 85 Fed. Reg. 66230. The final regulation […]