Christopher Bell

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Product Stewardship and Textiles

The environmental parameters associated with textiles continue to attract both regulatory and value chain attention. In an interesting development, Vietnam just relaxed its chemical testing rules for exported textiles (e.g., textiles and apparel exported to the U.S. and EU markets), specifically for formaldehyde and aromatic amines. Formaldehyde is frequently used in treating textiles, including popular … Continue Reading

U.S. Supreme Court Reverses and Remands MATS to D.C. Circuit for EPA Failure to Consider Costs

In a 5 to 4 split decision, the U.S. Supreme Court ruled on Monday, June 29th, that the U.S. Environmental Protection Agency (“EPA”) unreasonably interpreted the federal Clean Air Act (“CAA”) when EPA decided deemed that costs were irrelevant in deciding whether to regulate hazardous air emissions from electric utility sources under section 112 of … Continue Reading

EPA Direct Final Rule Allows Rescission of Greenhouse Gas Only PSD/Title V Permits

On April 30, 2015, the U.S. Environmental Protection Agency (“EPA”) issued a direct final rule that will allow the rescission of Clean Air Act Prevention of Significant Deterioration (“PSD”) permits issued by EPA or delegated state and local permitting authorities under Step 2 of the Greenhouse Gas Tailoring Rule.  The rule, published at 80 Fed. … Continue Reading

EPA Decision Impacts Back-Up Generators

In a decision issued on May 1, the DC Circuit vacated a U.S. EPA rule that allowed backup generators to operate up to 100 hours/year without emission controls as part of so-called emergency power demand/response programs intended to address short-term capacity shortfalls in the electrical grid.  Delaware DNREC v. EPA, No. 13-1093, (D.C. Cir. May 1, 2015).  … Continue Reading

Federal Court Holds Land Deposition of Air Emissions Can Constitute “Disposal” of “Solid Waste”

A federal district court ruled on March 10 that citizens may bring a RCRA imminent and substantial endangerment case based on the ground deposition of material emitted from a facility’s smoke stacks.  The Little Hocking Water Assoc., Inc. v. E.I. du Pont Nemours & Co., 2015 BL 64422, S.D. Ohio, No. 09-cv-1081, 3/10/15.  Explicitly rejecting … Continue Reading

Environmental Appeals Board Issues Major TSCA 8(e) Decision

On March 13, EPA’s Environmental Appeals Board’s issued its long-awaited decision in the Elementis TSCA 8(e) case, reversing the ALJ’s decision imposing a multi-million dollar penalty on Elementis.  In Re Elementis Chromium, Inc., TSCA Appeal No. 13-03 (March 13, 2015). Section 8(e) of TSCA requires the “immediate” reporting of information which “reasonably supports the conclusion” … Continue Reading

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative

In a move that will have a substantial impact on how supermarkets, drug stores and big box retailers in New York State manage returned, expired and damaged products, the New York Department of Environmental Conservation (DEC) recently announced that it would begin to require strict compliance with the hazardous waste management requirements of the Resource … Continue Reading

DC Circuit Hears Oral Argument In Important Clean Air Act Case

On December 3rd, the DC Circuit heard oral argument in a Clean Air Act case that may set important precedents for EPA’s “risk and technology reviews” of existing Clean Air Act emission standards.   National Association for Surface Finishing v. EPA involves a challenge to EPA’s revised chromium emission standards brought by Greenberg Traurig client … Continue Reading

The intersection of the Clean Air Act and energy policy: EPA’s proposed greenhouse gas standards for existing power plants

In the Sept/Oct 2014 issue of the American Bar Association’s Trends, attorneys Michael Cooke and Christopher Bell co-author “The intersection of the Clean Air Act and energy policy: EPA’s proposed greenhouse gas standards for existing power plants”. Read more here.… Continue Reading
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