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Preemption: California SCAQMD may not impose idling-train emissions restrictions that interfere with interstate commerce

Shook Hardy & Bacon LLP
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USA
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September 24 2010

The Ninth Circuit Court of Appeals has determined that California's South Coast Air Quality Management District (SCAQMD) may not impose restrictions that interfere with interstate commerce on emissions from idling trains

TSCAnanotechnology: EPA issues final SNURs for two carbon nanotubes

Shook Hardy & Bacon LLP
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USA
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September 24 2010

EPA has published final significant new use rules (SNURs) for two carbon nanotubes that would require companies to provide the agency with 90 days' notice before they manufacture or import them

Air: groups sue EPA over alleged failure to promulgate FIPs to address NAAQS for ozone

Shook Hardy & Bacon LLP
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USA
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September 24 2010

Two environmental groups have sued EPA alleging that the agency has failed to promulgate federal implementation plans (FIPs) to address national ambient air quality standards (NAAQS) for ozone in some non-compliant states and failed to take final action on state implementation plans (SIPs) for ozone standards in other states

Wetlands: federal court finds either Rapanos test valid to establish CWA jurisdiction

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A federal judge in Delaware has ruled that either the plurality or concurrence standards in Rapanos v. U.S., 547 U.S. 715 (2006), may be used to establish Clean Water Act (CWA) jurisdiction in wetlands enforcement cases

Sustainability: comments on EPA’s role in advancing green products sought

Shook Hardy & Bacon LLP
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USA
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September 24 2010

EPA has issued a notice seeking comments on how it can contribute to the development, manufacture and use of sustainable, or "green," products

Water: coalition report claims national water crisis imminent

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A recently published report by a coalition of environmental and business groups warns that unless current practices are changed, the United States will face a national fresh water crisis in the near future

Due diligence: Washington statute requires disclosure of environmental conditions in commercial real estate transactions

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A Washington state law (S.B. 6749) requires the disclosure of a wide range of “environmental conditions” to prospective buyers of commercial real estate

Toxic tort: Tenth Circuit applies ‘but for’ test as causation standard

Shook Hardy & Bacon LLP
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USA
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September 24 2010

The Tenth Circuit Court of Appeals has ruled that toxic tort plaintiffs in New Mexico must demonstrate that their alleged injuries would not have occurred "but for" the defendants' act

Water: IG report says EPAstate MOAs are out-of-date

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A recent EPA Office of Inspector General (IG) report says that most Clean Water Act (CWA) memoranda of agreement (MOAs) between EPA and the states are out-of-date, inconsistent or both

TSCA: EPA’s procedures for enforceable consent agreements revised

Shook Hardy & Bacon LLP
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USA
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September 24 2010

EPA has published a final rule that revises procedures for enforceable consent agreement negotiations on chemical testing and sets deadlines for them

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