Will EPA achieve its core mission?

President Trump has signaled a desire to reduce the burden caused by environmental regulations. An executive order issued Jan. 30 requires that two rules be identified for repeal for every new rule proposed. He issued another executive order Feb. 24 announcing that it is the official policy of the U.S. to alleviate unnecessary regulatory burdens. At the same time, though, the president has stated he wants to reinvigorate the manufacturing and oil and gas development sectors, while also shortening the environmental review process for major infrastructure projects. Continue reading “Will EPA achieve its core mission?”

Presentation at the Louisiana Environmental Conference – Federal Regulatory Update

This presentation was given at the Louisiana Environmental Conference in Lafayette, Louisiana on March 16, 2017. It provides a great deal of detailed information about actions the Trump Administration has taken regarding the environment. There has been a lot of activity and there promises to be much, much more. As always, stay tuned!

Is It Time to Lift the Oil Export Ban?

The export of crude oil was largely banned in reaction to the 1973 Arab oil embargo. Now, momentum seems to be in favor of reversing the ban. Many argue that doing so will substantially enhance the U.S. economy by increasing domestic production, creating jobs, and reducing consumer fuel prices. Continue reading “Is It Time to Lift the Oil Export Ban?”

EPA and Corps Expand Their Jurisdiction Over Waters and Wetlands

Over the objections of multiple national, state, and local groups, the EPA and the Corps of Engineers have published their final rule regarding the definition of ‘waters of the United States.’ Although they claim that the new definition merely ‘clarifies’ their existing jurisdiction, it actually expands their regulatory authority to waters and wetlands to an extent not contemplated when the Clean Water Act (CWA) was originally passed. The scope of jurisdiction is critically important because a costly and time-consuming permit is required to place materials in wetlands or other waters deemed jurisdictional. Continue reading “EPA and Corps Expand Their Jurisdiction Over Waters and Wetlands”

The New Coal Combustion Residuals Rule – An Implementation and Enforcement Nightmare

Introduction

Almost five years after the proposal, EPA has issued its final rule regarding the disposal and beneficial use of coal combustion residuals (CCRs). The rule establishes federal standards for landfills and surface impoundments in which CCRs are disposed.

Importantly, though, the rule leaves the enforcement of those standards to citizens. This method of enforcement exposes owners and operators of CCR units to uncertain outcomes and litigation costs in a variety of different courts. Continue reading “The New Coal Combustion Residuals Rule – An Implementation and Enforcement Nightmare”

Why Should You Worry About Environmental Laws?

Environmental laws and regulations govern many activities in the construction and aggregates industries. Due to the nature and complexity of environmental regulation, this brief summary simply cannot comprehensively explain everything that may affect you and your business. However, it will touch on three of the main areas (water, air, and waste) and provide some basic information so you can generally assess whether you may have an issue that needs to be addressed. As Ben Franklin once said – “an ounce of prevention is worth a pound of cure.”

Why is this important? Inspections and potential enforcement actions by the Louisiana Department of Environmental Quality (LDEQ) are bad enough. But, other time-consuming actions could hamper your company as a result of unknowingly violating environmental laws. Third-parties, such as neighbors or environmental groups, have the right to file a ‘citizen’s suit’ against your company for environmental violations. General laws of nuisance, trespass, and tort may form the basis for a suit. When wetlands may be involved, the Corps of Engineers may issue stop-work orders, shutting down your job. Continue reading “Why Should You Worry About Environmental Laws?”

The Ever-Expanding Regulatory Burden

The number of regulations and pages in the Federal Register and the Code of Federal Regulations is already staggering and growing at a record pace. From 2002 to 2008, the number of total pages, by year, in the Federal Register was between a low of 71,269 pages in 2003 and a high of 79,435 pages in 2008. After a dip to 68,598 pages in 2009, the 2010 and 2011 totals were 81,405 and 81,247, respectively. While the number of pages of the Federal Register fluctuated in the 70,000 range until 2010 and 2011, the number of total pages in the Code of Federal Regulations has trended upward from 145,099 in 2002 to 169,301 in 2011. Collectively, federal agencies issued 3,573 final rules in 2010 and 3,807 in 2011, according to the National Archives and Records Administration’s Office of the Federal Register. Continue reading “The Ever-Expanding Regulatory Burden”