The U.S. Army Corps of Engineers (USACE) issued what can only be described as the mother of all Requests for Proposal (RFP). Under section 7001 of the Water Resources Reform and Development Act of 2014 the USACE is to seek proposals for feasibility studies for, or modifications to existing Federal water resources development projects. USACE
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Corps Issues New 408 Guidance for Modifications of Authorized Projects
The U.S. Army Corps of Engineers (USACE) issued a new engineering circular (EC 1165-2-216) to provide policy and guidance for processing requests to alter USACE civil works projects pursuant to 33 U.S.C. section 408. This new circular collects existing guidance from several informal documents, codifies USACE practice from some USACE Districts that process many 408…
OSHA Announces New US Workplace Fatality and Injury Reporting and Recordkeeping Requirements
Under new reporting requirements announced on September 11, 2014 by the US Occupational Safety and Health Administration (OSHA), employers will be required to notify OSHA of any work-related fatalities within eight hours, and any work-related in-patient hospitalizations, amputations or losses of an eye within 24 hours. This is a move away from OSHA’s prior, less stringent…
Trade Groups Seek Extension to OSHA Globally Harmonized System Implementation Deadline For US Chemical Hazard Communications
On March 26, 2012, the US Occupational Safety & Health Administration (OSHA) issued its final rule adopting the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) as OSHA’s Hazard Communication Standard (HCS). The rule, codified at 29 C.F.R. 1910.1200, requires chemical “manufacturers, importers, distributors, and employers” to comply with the new GHS…
U.S. Navy Affirms Commitment to Use Alternative Fuels
On August 25, 2014, the U.S. Navy announced that it would continue its four-year collaboration with the Chilean Navy to research, develop, and use “drop-in” alternative fuels to power surface ships and aircraft. Both navies have established goals of significantly increasing their use of alternative fuels. The Chilean Navy intends to use renewable energy sources…
US EPA Memorandum Withdraws Permitting Requirements For GHG-Only Sources While Confirming 75,000 TPY Threshold For “Anyway” Sources
Last week, the heads of US EPA’s Office of Air and Radiation and Office of Enforcement and Compliance Assurance jointly issued a memorandum to regional administrators clarifying the Agency’s position on permitting greenhouse gas (GHG) emissions under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V programs. The memo was issued in response…
Pennsylvania Commonwealth Court Invalidates PUC Review of Local Natural Gas Regulation
In February 2012, Pennsylvania adopted comprehensive revisions to its Oil and Gas Act known as “Act 13.” Among the changes was an expanded preemption of local regulation of oil and gas activities. Prior law prohibited municipalities from regulating “how” oil and gas development would proceed, but permitted zoning control over “where” development could occur. Act…
Carbon Emissions, the Supreme Court, and Business Opportunity
As Michael Cooke noted in his post the following day, on June 3 EPA proposed its “Clean Power Plan” that EPA estimates would, if adopted and implemented, cut greenhouse gas emissions from existing electricity generating units by 30% from 2005 levels. 79 Fed. Reg. 34,829 (June 18, 2014). A few weeks later, as Mike…
Ohio Aims to Boost Criminal Penalties for State Water Pollution Violations
Ohio Governor Kasich’s recently-introduced Mid-Biennium Budget Review Environment bill (HB 490) would revise R.C. § 6111.99 to significantly increase criminal penalties for violations of Ohio’s water pollution laws.
Under current Ohio law, certain criminal violations of Ohio’s water pollution laws, such as water pollution acts, falsification of data, or criminal violations of orders, rules or permits…
US Supreme Court Curtails US EPA Regulation of Greenhouse Gasses (GHGs) Only Allowing Regulation of GHGs At Sources Already Subject to CAA Permitting
In a seminal decision, the US Supreme Court ruled 5-4 that US EPA lacked authority to impose PSD and Title V permitting requirements under the Clean Air Act (CAA) on facilities based solely on their emission of greenhouse gases (GHGs), striking down much of US EPA’s plan for regulating GHG emissions under the Tailoring Rule. In the same…