The 19th Judicial District Court in Baton Rouge, Louisiana issued a decision on September 14, 2022, vacating a proposed industrial facility’s permit issued by the Louisiana Department of Environmental Quality (“LDEQ”) and finding that LDEQ violated the federal Clean Air Act and its duty under the Public Trust Doctrine.[1] Although the decision concerns
Emergency Use Authorizations for Coastal Use and Dredge/Fill Permits to Address Impact of Hurricane Ida
The Louisiana Department of Natural Resources (LDNR) has issued an Emergency Use Authorization to permit certain activities necessary to address the impacts of Hurricane Ida that would normally require a Coastal Use Permit to be issued before the work. This applies only within the Louisiana Coastal Zone. It is intended to complement the emergency use
Chemical Manufactures Agree to $50M Settlement for PFAS Remediation
As part of an ongoing investigation led by the Delaware Attorney General’s Office into the potential environmental impacts of legacy industrial activities in the state, Delaware has reached a $50 million settlement agreement with DuPont Co., Corteva, and the Chemours Co. for alleged damages resulting from these companies’ use of chemicals called PFAS.
Dubbed the
Environmental Self-Audit Legislation Passes the House and Senate
The Louisiana Legislature has directed the Department of Environmental Quality (“LDEQ”) to promulgate regulations allowing for “voluntary environmental self-audits.” [1] The self-audit regulations are to include provisions protecting confidential information and providing incentives to facilities for conducting a self-audit.
Environmental self-audit programs are designed to allow a facility to identify compliance issues and address them
Hold On To Your Boilers: The Tenth Circuit May Have Re-Defined Covered Processes Under PSM Regulation
The case is Scalia [Secretary of Labor] v. Wynnewood Refining Co., LLC, et al, No. 19-9533 (U.S. Tenth Circuit, October 27, 2020). Wynnewood LLC’s refinery in Oklahoma processes crude oil and on a daily basis produces 70,000 barrels of gasoline, propane, propylene, butane, fuel oils, and solvents. In 2012, one of Wynnewood Refining Co’s boilers—the
Louisiana Special Hurricane Reporting Requirements for Hazardous Materials
Just a quick reminder that in 2007, the Louisiana State Police (“LSP”) adopted regulations requiring special reporting requirements for persons “engaged in the transportation of hazardous materials by railcars, vessels, or barges, or the temporary storage of hazardous materials in any storage vessel not permanently attached to the ground” if that activity is within “a
Bookings.com: Supreme Court Rejects Bright-Line Rule on Generic Terms
In United States Patent & Trademark Office v. Booking.com B. V.,[1] SCOTUS held that a mark styled as “generic.com” is eligible for federal trademark registration if the applicant shows “generic.com” is not a generic name to consumers. Although the Court did not expressly say so, this decision chips away
U.S. Dept. of Health and Human Services Makes it Illegal to Hoard Certain PPE, Ventilators and Sanitizing/Disinfecting Products
On Monday, March 30, 2020 the U.S. Department of Health and Human Services (DHHS) issued a notice in the Federal Register declaring certain goods as “scarce,” which means it is illegal to hoard those items. The DHHS is acting under authority granted by President Trump under the Defense Production Act of 1950 (the “Act”).[1]
Louisiana Department of Environmental Quality Issues COVID-19 Order
The Louisiana Department of Environmental Quality (“LDEQ”) issued an Emergency and Administrative Order on March 19, 2020, to address hardships posed to regulated facilities by efforts to combat the COVID-19 virus. See the order here. The Order expires on April 18, 2020. The Order may be extended and/or amended as the situation evolves. At
Chemical Safety Board’s New Release Reporting Rules in Effect March 2020
Starting March 23, 2020, facilities must add one more agency to the list of those that may need to be notified in the event of an accidental release: The U.S. Chemical Safety Board (“CSB”).The CSB was established by the 1990 Clean Air Act (“CAA”) Amendments.[1] The CAA directs the CSB, among other things, to