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Citizen Suits to Enforce Federal Environmental Laws

RWT — Thu, 01 Sep 2011 05:00:00 GMT

Please follow the link below to find a recently published article co-authored by Gene McCall and Ryan Trail, entitled Citizen Suits to Enforce Federal Environmental Laws. The article, which can be found in the July 2011 issue of South Carolina Lawyer Magazine highlights the history of citizen enforcement provisions beginning with the Federal Clean Air Act and explores how the Courts have treated citizen enforcers throughout the years.

Citizen Suits to Enforce Federal Environmental Laws

Also, please make sure to update your contacts with our new office location and mailing address:

112 Manly Street

Greenville, SC 29601

P.O. Box 3027

Greenville, SC 29602

*Legal Disclaimer: The content of McCall Environmental's Environmental Law and Policy Update is made available by McCall Environmental for educational purposes only to convey general information and a general understanding of the law, not to provide legal advice. By using the Environmental Law and Policy Update you acknowledge there is no attorney client relationship between you and McCall Environmental, P.A. The Environmental Law and Policy Update should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and applied to your circumstances.*

COE Wetland Delineation Manual Supplement

Wed, 22 Dec 2010 06:00:00 GMT

Announcement from U.S. Army Corps of Engineers, Charleston District Public Notice

Final Atlantic and Gulf Coastal Plain Regional Supplement (Version 2.0) to
the 1987 Wetland Delineation Manual

The U.S. Army Corps of Engineers, Charleston District, announces the
availability of the Final Atlantic and Gulf Coastal Plain Regional Supplement
to the 1987 Wetland Delineation Manual. This supplement was developed by
regional expert delineators with input from state and Federal agencies,
academia and other local experts. It was peer reviewed by a panel of
independent scientists and field tested by interagency teams of state and
Federal agencies to determine the clarity and ease of use of the document and
whether its use will result in any spatial changes in wetland jurisdiction
for Clean Water Act Section 404 purposes. The final version of the
supplement may be found here.

Final Coastal Plain Regional Supplement.pdf

The Corps will continue to accept comments/suggestions and new data on this
supplement. Comments may be submitted to Ms. Karen Mulligan (CECW-CO), U.S.
Army Corps of Engineers, 441 G. Street, NW, Washington DC 20314-1000 or by
e-mail to 87Manual@usace.army.mil

National Association of Home Builders v. EPA (Effluent Limitation Guidelines)

Tue, 23 Nov 2010 16:08:52 GMT

On August 24, 2010, the Seventh Circuit Court of Appeals granted the USEPA Motion for Partial Vacature of the EPA's Effluent Guidelines for Discharges from the Construction and Development Industry. The rule would have required a turbidity level of 280 ntu (nephelometric turbidity units) for stormwater discharged from certain construction projects.

Appealed by the Wisconsin Builders Association, National Association of Home Builders and Utility Water Act Group, the numeric turbidity limits of the Effluent Limitation Guidelines were remanded, the administrative record remanded, and the case will be held in abeyance until February 15, 2012. EPA's unopposed Motion for Partial Vacature disclosed that the data underlying the numeric limit was improperly interpreted and the calculations not adequate to support the limit.

The National Association of Home Builders sought clarification of the Order and it's particular application. The court issued a Clarifying Order, in which it explained that the numeric limit would remain in place while the record was remanded, but allowing EPA to makes changes to the limit “as it deems appropriate.”

On November 1, 2010, EPA issued a proposed Rule, which would stay the numeric limit until the Agency could recalculate it. They plan to issue a proposed correction for public comment by May 30, 2011, anticipating an effective date of June 29, 2011.

For the upcoming Construction General Permit (December 2010), EPA plans to incorporate the new C&D rule requirements, while simply referring to the requirements contained in 40 CFR Part 450, without specifically incorporating a numeric limit. EPA plans to have the numeric limit recalculated before the CGP is finalized, at which time they will incorporate the new limit into the permit.

For states facing similar reissuance deadlines for their CGPs, EPA advises either taking the same approach as EPA (issuing the proposed permit without the limit and incorporating the limit prior to finalizing the permit) or considering a shorter permit term in order to incorporate the corrected limit sooner than five years.

EPA Proposed Stay Factsheet.pdf

Environmental Law and Policy Update

Tue, 12 Oct 2010 15:44:44 GMT

Welcome to McCall Environmental's Environmental Law and Policy Update. This page will be updated periodically with topics of interest to environmental, real estate and legal professionals, businesses, and municipalities. Topics may include commentaries on recent court rulings, regulatory developments, and other updates in environmental law and policy. Please check back often for the latest developments. Click here and subscribe to our RSS feed to receive the Environmental Law and Policy Update directly in your inbox.

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