Related Links: Copy Of Class-Action Lawsuit Elk River Chemical Spill Triggers Lawsuits, Investigations A uniquely designed airport built in 1947 in Charleston, W.Va., has been swept up in the flurry of litigation surrounding a January incident that spilled 10,000 gallons of chemicals into the Elk River, contaminating the water supply of over 300,000 residents in nine counties. The federal class-action lawsuit, filed on June 20 in Southern West Virginia District Court, claims Triad Engineering and excavation contractor Cast & Baker were environmentally negligent on a Yeager Airport runway extension project, finished in 2011.The 10 residents and four businesses listed in
Related Links: Text of court's decision in NLRB v. Noel Canning Supreme Court to Hear NLRB Recess-Appointment Case (enr.com 6/25/2013) [subscription] The U.S. Supreme Court has ruled unanimously that President Obama exceeded his authority when he named three members to the National Labor Relations Board in January 2012 during a three-day break between Senate sessions.But the court’s unanimity about that judgment thinly veils a split. Five justices signed on to the majority opinion. The other four, though concurring that Obama went beyond his powers, said the majority should have gone much further in limiting presidential authority.The ruling calls into question
Photo Courtesy Sunflower Electric Power Corp. Utility's proposal would add 895- MW unit to the 362-MW Holcomb station. Related Links: Kansas Power Operator Will Challenge Air-Quality Decision Kansas Governor Vetoes Project A coal-fired powerplant project in Kansas that had been curtailed because of environment-based opposition has received a renewed lease on life with approval by the state's top environmental regulator. But the plant's opponents are not discouraged and cite many obstacles the project must overcome before ground can be broken.On May 30, the Kansas Dept. of Health and Environment (KDHE) issued the air-quality-permit addendum for the 895-MW Holcomb 2 powerplant
Related Links: Court's June 23 Opinion: Feb. 24, 2014 transcript of oral arguments The U.S. Supreme Court on June 23 said that the Environmental Protection Agency had exceeded its authority when it rewrote sections of the Clean Air Act to regulate greenhouse gas (GHG) emissions from large stationary sources.Nevertheless the court also upheld EPA’s authority to regulate GHG emissions for the largest sources of air pollution.The ruling means that EPA does not have the authority to regulate powerplants, refineries, and other large emitters of pollutants under CAA’s Prevention of Significant Deterioration (PSD) or Title V provisions simply because they emit
Sunflower Electric Power Corp. Utility's proposal would add 895 MW to existing Holcomb 1 station, rated at 362 MW. Related Links: Kansas Power Operator Will Challenge Air-Quality Decision Kansas Governor Vetoes Project A coal-fired powerplant project in Kansas that has been repeatedly left for dead because of environment-based opposition has received a renewed lease on life from approval by the state’s top environmental regulator. But the plant’s opponents are not discouraged, and they cite many obstacles the project must overcome before ground can be broken.On May 30, the Kansas Dept. of Health and Environment (KDHE) issued the air quality permit
Shale gas pipe and valves in Pennsylvania, similar to those shown in the photo above, were at the heart of a costly contract dispute. ENR Art Dept. Faced with mounting interest after losing a $24-million jury verdict in Delaware County, Pa., a pipeline company late last week reached a settlement with contractor Utility Line Services, says the attorney for the contractor.The jury in April had ordered the defendant, PVR Marcellus Gas Gathering Inc., which was recently acquired by Dallas-based Regency Energy Partners, to pay Utility Line Services about $16.5 million for the amount it was owed. Another $7.8 million was
Related Links: Supreme Court Reverses 9th Circuit in L.A. Water Pollution Case August 2013 opinion by 9th Circuit Court of Appeals The U.S. Supreme Court declined to take up an appeal to a controversial Clean Water Act case that has pitted the County of Los Angeles and the Los Angeles County Flood Control District against the Natural Resources Defense Council and Santa Monica Baykeeper.The case, initiated by the environmental groups in 2008, already has been before the nation's high court. In January 2013, the court ruled on a narrow question: whether polluted water pumped from one part to another part
Related Links: Administarative Settlement and Complaince Agreement (PDF) McHugh Pays City of Chicago's Procurement Office $2 Million A major Chicago construction firm has agreed to pay $12 million to settle federal and state charges that it used disadvantaged business enterprises (DBEs) as "pass-throughs" to get contracts for seven projects, totaling more than $156 million.James McHugh Construction Co. Inc., in a separate administrative settlement, also agreed to establish a corporate compliance program. The firm further agreed to hire a compliance officer and an independent monitor who will report to the government agencies.In addition, the company also promised to dismiss Senior Vice
Related Links: Text of Potter Concrete-Justice Dept. settlement agreement Justice Dept. press release 4/17/2014 A Texas concrete contractor has agreed to pay the federal government $115,000 to settle charges that it violated documentation provisions of federal immigration law, the Dept. of Justice has said.DOJ, which announced the agreement on April 17, said its investigation showed that Dallas-based Potter Concrete Ltd. made “unlawful demands” of new hires who were not U.S. citizens.Justice said that the company required newly hired non-U.S. citizens to submit specific Dept. of Homeland Security-issued documents, but it allowed U.S.-citizen new hires to provide “their choice of documentation.”DOJ
Related Links: Link to U.S. Court of Appeals for the D.C. Circuit opinion EPA page on Mercury and Air Toxics Standards In a blow to industry, a three-judge panel from a federal appeals court has upheld an Environmental Protection Agency’s rule governing air emissions of mercury and other hazardous pollutants.The next step in the case for the energy companies, states and industry groups that challenged the EPA rule could be an appeal for a re-hearing by the full court. According to at least one of the parties in the case, a decision has not yet been made on an appeal.The
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