For more information about our firm, please visit www.bdlaw.com .
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.
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.
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.
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, 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.
TCEQ has revised its Guide to the Texas Environmental, Health, and Safety Audit Privilege Act to reflect changes made during the 2013 Legislative Session.
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.
TCEQ announcements for enforcement orders adopted in September can be found on TCEQ’s website .
For information on recent TCEQ rule developments, please see TCEQ’s website .
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.
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.
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.
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 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.
The purpose of this update is to provide current information on Texas environmental regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances. This communication may be considered advertising under applicable laws regarding electronic communications.
Copyright 2013 Beveridge & Diamond, P.C. All rights reserved.