ENLIBRA -- The next Reg-Neg or something more?
(8/14/03)
President Bush's nomination to head the EPA is known for his ENLIBRA philosophy;
it stands for dialogue and consensus rather than regulation and litigation--also
for strong state rights in the environmental arena. Utah Governor Michael Leavitt
may be the EPA's next Administrator.
Small Business Liability Relief and Brownfields
Revitalization Act (12/21/01)
Congress passed HR2869, the Small Business Liability Relief and Brownfields
Revitalization Act on December 21, 2001. President Bush is expected to sign
the bill into law. The bill protects small businesses and residential generators
from most CERCLA liability, creates new grant programs for brownfield redevelopment,
clarifies and expands the innocent purchaser exemption, and creates new protections
for prospective purchasers. To see how the amendments apply to you, contact
Shell.
DC Circuit Sets Aside EPA 1998 Periodic Monitoring
Guidance For Title V Operating Permits (5/01/00)
On Friday, April 14, 2000, the US Court of Appeals for the District of Columbia
Circuit, in Appalachian Power Company et al. v. EPA, ruled that EPA circumvented
its obligation to make major policy changes through formal rulemaking processes
by seeking to expand monitoring activities under the Clean Air Act through the
use of its 1998 Periodic Monitoring Guidance for Title V Operating Permits.
Draft EPA Report--Healthy Buildings--Comments Due (5/01/00)
EPA has published its Draft Final Healthy Buildings, Healthy People: A Vision
for the 21st Century Report. Comments are due by May 31, 2000. Access the
reports at Note to Readers, Executive Summary, and Table of Contents.
Residential Lead Paint
Enforcement ( 2/15/99 )
EPA has begun to enforce its Real Estate Notification and Disclosure
Rule which requires the disclosure of information concerning
lead-based paint and its hazards in residential housing, at the time
of sale or lease. See 40 CFR Pt. 745, subpart F. EPA inspectors are
performing surprise inspections at, among other places, real estate
brokerage and rental offices.
Constitutional Challenges
to Retroactive Superfund ( 2/15/99 )
A recent Supreme Court decision gives new life to PRP challenges to
the retroactive application of Superfund. In Eastern Enterprises
v. Apfel, 118 S. Ct. 2121 (June 25, 1998), the Supreme Court held
a retroactive requirement to fund health care costs an
unconstitutional taking, applying takings law for the first time to
the imposition of liability to pay claims.
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