Featured Articles

Cap And Trade Is Alive!

Reed Rubinstein
July 14, 2010 13:41

The always-useful Politico nails the Democrat plan for cap and trade legislation though Harry Reid won't use that term.  Look for the Bill to have four sections: (1) oil spill response; (2) a clean-energy and job-creation title based on work done in the...

Recent Articles

EPA Issues 2012 Construction General Permit Without Numeric Turbidity Limit; Hosts Webinar to Introduce Permit Changes

Reed Rubinstein
March 20, 2012 19:12

from Gregory R. Tan of GT Denver   On February 16, 2012, EPA issued the Final 2012 NPDES General Permit for Stormwater Discharges from Construction Activities ( the “Construction General Permit” or “CGP”), which replaces EPA’s 2008 CGP.  The new Construction...

Florida Businesses and Industries to Benefit From 2012 Energy Policy, Environmental & Growth Management Legislation

Reed Rubinstein
March 16, 2012 13:10

  from Reggie L. Bouthillier, Kenneth Metcalf*, Maribel N. Nicholson-Choice, and Todd Sumner of GT Tallahassee   The 2012 Florida Legislative Session focused on the redistricting process and passage of the State budget. Despite these challenging priorities, the Legislature passed several...

Judicial Review of EPA's Cross State Air Pollution Rule - What to Expect Next

Reed Rubinstein
March 12, 2012 17:13

In his January 18 post, Michael Cooke of GT Tampa wrote about the court-ordered stay of the Cross State Pollution Rule.  Mr. Cooke provides details of the arguments made during subsequent briefing, and provides an analysis of what to expect next in the judicial review process,...

Tracking "Environmental Debtors"

Reed Rubinstein
March 06, 2012 20:14

February's column in the Pennsylvania Law Weekly / Legal Intelligencer considers the "environmental debts" that often arise in transactions or otherwise.  Managing Environmental Obligations:  Tracking "Environmental Debtors", 35 Pa. L. Weekly 196 (Feb. 28,...

EPA To Exercise Enforcement Discretion on Boiler MACT Deadlines

Reed Rubinstein
January 20, 2012 19:43

From Michael Cooke of GT Tampa: On Wednesday, January 18th, by letter to Senator Ron Wyden of Oregon, the EPA advised that it would exercise enforcement discretion with respect to the 2011 notification deadlines for existing boilers and incinerators that have passed while the EPA’s...

Air Turbulence

Reed Rubinstein
January 18, 2012 20:31

From Michael Cooke of GT Tampa: EPA and the federal courts have been busy with air issues in December and January, and the results have created substantial uncertainty for sources planning compliance efforts. These actions include two new air toxics rules for electric utilities (the...

Declaratory Judgments Under Superfund

Reed Rubinstein
December 29, 2011 16:54

Thirty years after enactment, lawyers and courts remain somewhat at sea over when declaratory judgments must be granted under the federal Superfund statute, when they may be granted, and when they should not be granted.  Beginning from the Court of Appeals for the Second Circuit's December 19...

CEQ Issues Draft Guidance to Promote Efficient NEPA Environmental Reviews

Reed Rubinstein
December 16, 2011 20:54

From Melissa Meirink of GT Denver: The Council on Environmental Quality (CEQ) recently issued draft guidance designed to promote more efficient environmental reviews of projects subject to the National Environmental Policy Act (NEPA). NEPA is a procedural statute that requires...

Pennsylvania Legislature Proposes Amendments to the Oil and Gas Act

Reed Rubinstein
November 29, 2011 17:04

In this month's Pennsylvania Law Weekly / Legal Intelligencer column, I discuss Pennsylvania Senate Bill 1100 and Pennsylvania House Bill 1950.  The bills, which implement many of the recommendations made by Pennsylvania Governor Tom Corbett's Marcellus Shale Advisory Commision, propose...