In response to EPA enforcement actions pursued under provisions of the Clean Air Act, Shell Gulf of Mexico Inc. and Shell Offshore Inc. agreed to pay civil penalties associated with alleged violations of air permits at two of its drilling operations on the Arctic Shelf.

At the end of last week, EPA Region 6 released a proposal that would require Oklahoma to revise its state air quality regulations regarding startup, shutdown, and malfunction events, referred to as “SSM.”  The proposal is noteworthy because it comes just a few weeks before EPA has promised to finalize a similar proposal that applies to 36 states, including Oklahoma.

Troutman Sanders LLP announces the additions of Andrea W. Wortzel to the firm’s Richmond, Virginia office.  Andrea Wortzel, who joins as an of counsel attorney, has a diverse and dynamic environmental practice, handling a variety of complex water quality and  water quantity matters. She was previously at Hunton & Williams and is joining Partner Brooks Smith who joined Troutman Sanders’ Environmental and Natural Resources Practice in August (Read the Law 360 story here).

Randy Brogdon, a Partner in the Environmental and Natural Resources Practice, spoke at the 8th Annual Georgia Environmental Conference (GEC) held in Jeckyll Island, Georgia earlier this month. The GEC is a three-day event with over 50 unique courses designed to help environmental professionals exchange knowledge and share ideas around environmental concerns in Georgia.

Smith_Brooks_WebTroutman Sanders is pleased to announce that Brooks Smith, a top-ranked environmental and administrative lawyer, has joined the firm’s Environmental and Natural Resources practice in the Richmond office. He previously served as co-chair of the environmental practice at Hunton & Williams. Smith will help the firm execute various strategic initiatives focused on environmental markets, sustainability, coal, energy, water, and compliance assurance. Law 360 reported this news on Wednesday, August 28. Read more here.

Yesterday the Third Circuit released its decision in Bell v. Cheswick.  In this case, a putative class of 1,500 property owners sued GenOn, claiming that fly ash and unburned coal combustion by-products from its 570-megawatt Springdale plant settled on and devalued their properties.  The federal district court for the Western District of Pennsylvania held that such state common law nuisance, trespass, and negligence claims were preempted by the Clean Air Act (CAA), which extensively regulated air emissions from the plant. 

In recent years, there has been a significant increase in the number of on-site inspections and enforcement activity related to retail and pharmaceutical hazardous waste. In the wake of this heightened scrutiny, the regulated community (including, for example, big box retailers, hospitals, medical clinics, and retail pharmacies) is rigorously working to maintain regulatory compliance, but the applicable RCRA regulatory scheme has proven to be the source of much confusion.  Fortunately, it is clear that EPA appreciates the difficulties inherent in the current regulatory scheme, and, according to its website, EPA is set to release a proposed pharmaceutical waste management rule for public comment in March 2014.