Ford Motor v. Michigan Consol. Gas, 08-cv-13503-DT (E.D. Mich. Aug. 27, 2010).

Defendant’s counterclaim for cost recovery under CERCLA is dismissed for failing to properly allege “necessary costs” in the counterclaim.

US EPA to regulate dyes, flame retardants, and industrial detergents

EPA plans to address these widely used chemicals under the Toxic Substances Control Act.

Morgan v. Silver Lake, 2010-Ohio-3581 (Ohio 9th Dist. August 4, 2010).

Court affirms judgment classifying Plaintiff’s well as an auxiliary water system and upholding Village Director’s order to install a backflow prevention device. View the case.

Federal Task Force sends recommendations to President Obama regarding Clean Coal Technology

The recommendations address Carbon Capture and Storage.

Ohio DNR now accepting comments on its plan for the Coastal Zone Enhancement Grants Program

The plan sets forth the Department’s assessment and strategy for 2011-2015. Comments are due September 17, 2010. View the plan.

US EPA proposes to change chemical reporting requirements under the Inventory Update Reporting Rule

Included in the changes are a requirement to submit information electronically for quicker public access and a limitation on the information that can be deemed confidential. View the changes.

Ohio EPA issues guidance on standards for area sources

The newly issued guidance clarifies the various MACT/GACT rules.

Stamper v. Richmond Heights, 2010-Ohio-3884 (Ohio 8th Dist. August 16, 2010)

Plaintiff failed to establish that storm water flooding on Plaintiff’s property constituted a taking because a City has no duty to maintain or repair a private storm water sewer system on private property that it did not construct, did not appropriate or accept and was not part of a regularly running public watercourse.  To view the case, click here.

Ohio EPA revises its draft general NPDES permit for non-contact cooling water discharges

Comments on the draft are due September 30, 2010.  Click here for more information.

EPA Proposes Stopgap Rules to Facilitate Greenhouse Gas Emission Permitting

U.S. EPA’s Greenhouse Gas Tailoring Rule, finalized in May, 2010, requires that facilities with certain greenhouse gas emissions must be permitted under the Clean Air Act by January, 2011. Covered facilities include power plants, industrial boilers, and oil refineries. U.S. EPA’s proposed rules are meant to fill the gap as some states will not be able to revise their State Implementation Plans in time to cover these emissions. U.S. EPA has proposed a Federal Implementation Plan whereby the permits would be issued by U.S. EPA.




To view EPA’s fact sheet on the proposed rules, please click here.

TSCA Inventory Update Reporting Rule Proposed

U.S. EPA has proposed a draft Inventory Update Reporting rule under the Toxic Substances Control Act. The proposed rule requires manufacturers of certain chemicals on the TSCA Chemical Substances Inventory to electronically submit information on the manufacturing, importing, processing and use of chemical substances. EPA is also altering the circumstances under which reporting requirements are triggered and the data that must be reported. EPA is accepting public comments on the proposed rule through October 12, 2010.

To view the publication of the proposed rule in the Federal Register, please click here.

EPA Issues Chemical Action Plans

U.S. EPA has issued Chemical Action Plans to address potential health risks with benzidine dyes, hexabromocyclododecane (HBCD) and nonylphenol (NP)/nonylphenol ethoxylates (NPEs) – chemicals widely used in consumer and industrial applications, including dyes, flame retardants, and industrial laundry detergents. The Action Plans include adding HBCD and NP/NPE to EPA’s Chemicals of Concern list and issuing significant new use rules for all three chemicals. For HBCD and benzidine dyes, the Action Plans also include imposing new Toxic Release Inventory reporting requirements and potentially banning or limiting the manufacture or use of the chemicals.

To view the Chemical Action Plans, please click here.

New Fuel Economy Labels Proposed

U.S. EPA and the U.S. Department of Transportation are jointly proposing to change the fuel economy labels that are required on all new cars and light-duty trucks sold in the U.S. The labels are intended to enable consumers to make informed vehicle comparisons. The Energy Independence and Security Act of 2007 requires EPA and DOT to rate available vehicles according to fuel economy, greenhouse gas emissions and smog forming pollutants. The agencies are seeking public input on two proposed label designs.
To view the proposed fuel economy labels, please click here.