September 30, 2013
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8025
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8040
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8010
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8020
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8030

For more information about our firm, please visit www.bdlaw.com .

Office Locations:
› California
› Maryland
› Massachusetts
› New Jersey
› New York
› Texas
› Washington, DC

TEXAS DEVELOPMENTS

Fifth Circuit Seeks Texas Supreme Court Input in Deepwater Horizon Insurance Coverage Dispute

On August 29, 2013, the United States Court of Appeals for the Fifth Circuit withdrew its opinion from earlier this year that had awarded "additional insured" coverage to BP American Production Company and affiliates ("BP") under Transocean Holding, Inc.’s umbrella insurance policies.

Fifth Circuit Denies Review of EPA Title V Permit Objections

The Fifth Circuit denied review for lack of subject matter jurisdiction of EPA objections to three Title V Permits issued by the Louisiana Department of Environmental Quality to Nucor Steel Louisiana for an iron manufacturing facility.

Houston Air Ordinance Upheld by Texas Appeals Court

The Texas First Court of Appeals issued an opinion on August 29, 2013 holding that two Houston city air quality ordinances were not preempted by the Texas Clean Air Act.

Texas Court Of Appeals Finds Compensable Regulatory Taking Of Groundwater

On August 28, 2013, the Texas Fourth Court of Appeals held that groundwater permit restrictions imposed by the Edwards Aquifer Authority on landowners constituted a regulatory taking.

TCEQ Releases Additional Final Draft Modules for Flare Training

TCEQ, together with the University of Texas, has unveiled the fourth and fifth training modules for flare operations. According to the TCEQ website, the objective of the training is to enhance plant personnel understanding of industrial flare operation and provide practical information about variables affecting flare performance, with the aim to maximize flare destruction and removal efficiency of dual-purpose assisted flares consistent with state and federal rules using existing on-site resources.

Texas Audit Policy Act Guidance Updated

TCEQ has revised its Guide to the Texas Environmental, Health, and Safety Audit Privilege Act to reflect changes made during the 2013 Legislative Session.

Proposal to Remove Port Arthur from Air Pollution Watch List

On August 28, 2013, the Texas Commission on Environmental Quality proposed to remove Port Arthur from the agency’s Air Pollution Watch List based on reductions in measured benzene levels in recent years.  

Texas SIP Update

  • On September 26, 2013, the EPA published a final rule disapproving portions of state implementation plan revisions relating to the Texas Emergency Orders Program that Texas submitted on August 31, 1993, December 10, 1998, February 1, 2006, and July 17, 2006.
  • On September 9, 2013, the EPA published two proposed rules relating to the continuing progress that the Houston/Galveston/Brazoria nonattainment area is making toward compliance with the 1997 ozone national ambient air quality standard.
  • On September 9 EPA also published a direct final rule regarding three revisions to the Texas SIP concerning the Texas Title V program.

Upcoming TCEQ Meetings & Events

  • TCEQ’s 2013 Water Quality/Stormwater Seminar will be held on October 3-4, 2013 in Austin.
  • The Zero Waste Network’s 2013 Pollution Prevention and Lean Principles Workshops will be held in Arlington (October 1-3, 2013), and Houston (November 5-7, 2013).
  • TCEQ’s Industrial Emissions Inventory Workshop will be held on January 23, 2014 in Austin.

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in September can be found on TCEQ’s website .

Recent Texas Rules Updates

For information on recent TCEQ rule developments, please see TCEQ’s website .

NATIONAL DEVELOPMENTS

Multi-Agency Chemical Advisory on Ammonium Nitrate Asserts EPA Jurisdiction Under the Clean Air Act’s General Duty Clause

On August 30, 2013, the Environmental Protection Agency, the Occupational Safety and Health Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a chemical advisory (the "Advisory") that provides information on the hazards of ammonium nitrate storage, handling and management, and catalogs provisions of various statutes and regulations that may apply to activities involving ammonium nitrate.

Services Adopt Incremental Approach to Economic Analysis for Endangered Species Act Habitat Designations

On August 28, 2013, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service amended their regulations for designating critical habitat under the Endangered Species Act. The amended rule adopts a new "incremental" approach to preparing the economic impact analysis associated with critical habitat designations, limiting the analysis primarily to the costs for other federal agencies to consult with the Services over authorizing activities in critical habitat.

California Approves Final Green Chemistry Regulations, Disapproves Key Trade Secret Provisions

On August 28, 2013 the California Office of Administrative Law partially approved and partially disapproved the California Department of Toxic Substances Control’s Safer Consumer Products Regulations, also known as California’s Green Chemistry regulations.

FIRM NEWS & EVENTS

Beveridge & Diamond Secures Summary Judgment, Settlement for Displaced Family After Mercury Cleanup

The Baltimore office of Beveridge & Diamond, P.C. recently prevailed on summary judgment in Baltimore City Circuit Court on behalf of a family that was displaced from its home for seven months because of a mercury spill. The summary judgment precipitated a favorable settlement for the family’s expenses and hardship during the cleanup of its home.

Henry L. Diamond Featured at Inaugural D.C. Bar "Legends of Environmental Law" Speaker Series

Henry L. Diamond was the first speaker in the "Legends of Environmental Law" speaker series organized by the District of Columbia Bar’s Environment, Energy and Natural Resources Section. The program took place on Wednesday, September 25th from 12:15-1:30 p.m. at Beveridge & Diamond’s Washington, D.C. offices. Rachel Jacobson, Acting Assistant Secretary for Fish and Wildlife and Parks at the U.S. Department of the Interior moderated the discussion.

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