NAAG Projects

Energy & Environment Update

  • February 03, 2010
    River Runners for Wilderness v. Martin
    Plaintiffs petitioned to overturn a National Park Service decision allowing motorized boats in the Grand Canyon National Park. The District Court granted the motions for summary judgment of defendant Park Service and intervening private raft and kayak companies' associations. The Ninth Circuit upheld the District Court decision, ruling that the plaintiffs had not met the high Administrative Procedure Act standard for setting aside a decision of a federal agency.

  • November 12, 2009
    Wisconsin Van Hollen Announces Settlements in Trempealeau County Environmental Violations Cases
    Attorney General J.B. Van Hollen on November 10 announced that Thomas A. Callaghan has agreed to pay fines and costs totaling $5,000 for his unlawful discharge of pollutants into the waters of the state without a permit namely, metal shavings from Tremplo Manufacturing, Inc., into a storm sewer manhole that led directly to the Buffalo River."For the protection of Wisconsin citizens and our natural environment, the Wisconsin Department of Justice will continue to work with the DNR to ensure that Wisconsin environmental laws are followed," Van Hollen said.

  • November 10, 2009
    John Wieland Homes Agrees to Clean Water Act Settlement -- Action Brought by USEPA and Tennessee
    John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., based in Atlanta, Ga., have agreed to pay a $350,000 civil penalty to resolve alleged violations of the Clean Water Act, the Justice Department and U.S. Environmental Protection Agency (EPA) announced on November 9.The consent decree, lodged in the U.S. District Court for the Middle District of Tennessee, is subject to a 30-day public comment period and approval by the federal court. The companies are required to pay the penalty within 30 days of the court’s approval of the settlement. A copy of the consent decree is available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html.

  • November 10, 2009
    Missouri Attorney General Koster Reaches $70,000 Settlement with Hayti Company for Environmental Violations
    Attorney General Chris Koster and the Missouri Department of Natural Resources have reached a settlement with Natural Biodiesel Plant, LLC, for violating the state's Hazardous Waste Management Law and the Clean Water Law.Under the settlement agreement, Natural Biodiesel paid a civil penalty of nearly $38,000, which will go into the Pemiscot County School Fund. The company also paid more than $32,000 to reimburse the state for costs, expenses, and damages. The company will pay a $44,000 suspended penalty if it violates either the Missouri hazardous waste or clean water laws within the next two years.

  • November 10, 2009
    Missouri Attorney General Koster Files Suits against Two Businesses for Releases into the Lake of the Ozarks
    Attorney General Chris Koster is filing lawsuits in Camden County against two Lake Ozark men for discharging contaminants into the Lake of the Ozarks.

  • October 27, 2009
    First Circuit Rejects Rhode Island Challenges to FERC Approval of Liquefied Natural Gas Facility
    The U.S. Court of Appeals for the First Circuit has upheld the U. S. District Court for the District of Rhode Island, defeating challenges the state's Coastal Resource Management Council had offered to an LNG terminal. The Court initially reviewed the regulatory structure surrounding LNG approvals and the facts of the case, and then ruled on three issues.It held:A) that jurisdiction is proper in the appellate court,B) that the state was conclusively presumed to have concurred in the LNG proposal under the "consistency review" required by the Coastal Zone Management Act, andC) that Rhode Island state process (otherwise applicable to coastal dredging projects) was preempted by the Natural Gas Act under a conflict preemption analysis.

  • October 26, 2009
    Fifth Circuit Remands Climate-Change Lawsuit to District Court for Southern Mississippi to Consider Climate Change-Based Claims
    Plaintiffs filed a putative class action against a group of energy, fossil fuel and chemical companies, based on Mississippi common law nuisance, trespass, negligence, and other tort claims. The case was filed in federal district court on the basis of diversity jurisdiction; defendants moved to dismiss on standing and non-justiciability grounds.The general theory of the case was that defendants had contributed to global warming, misled the public and regulators, and caused damages to plaintiffs property as a result of Hurricane Katrina. Plaintiffs also alleged unjust enrichment (evidently a price-gouging claim).The district court had dismissed the suit, but the Fifth Circuit reversed with respect to the common law nuisance, negligence and trespass, remanding those claims back to the district court. The court held that plaintiffs had standing and that the political dimensions of global warming questions did not rise to the level of rendering the case non-justiciable.

  • October 20, 2009
    Wisconsin Businessman Ordered to Pay $56,700 For Environmental Violations
    Ronald Drews and his corporation, Drews Farms, Inc., of Wilton, Wisconsin have been found guilty of a series of civil environmental violations arising from his businesses, Trailside Bed and Breakfast and the Dorset Valley Schoolhouse Restaurant.Attorney General J.B. Van Hollen stated "This is an important case in the enforcement of Wisconsin's septage and solid waste laws. We will continue to work with the DNR to protect the waters of the state from illegal septage dumping, illegal solid waste sites near water and overflowing manure pits. Drews' violations affect not only his property but everyone down stream."

  • October 20, 2009
    Wisconsin Man and Corporation Sentenced For Illegally Storing Hazardous Waste and Obstructing Law Enforcement
    Attorney General J.B. Van Hollen announced that on October 20, 2009, the Honorable David C. Resheske, Washington County Circuit Court, sentenced Dale Knutson of Brookfield and his corporation, CAAP, Inc., for illegally storing hazardous waste on property in the Town of Erin in Washington County. Knutson was also sentenced for two counts of obstructing for giving false information to Washington County Deputy Sheriff Kevin Mass and DNR Environmental Warden Jenny Gibson.The violation was discovered by Washington County Deputies as they investigated a suspicious vehicle complaint. The Department of Natural Resources was called in and continued the investigation. The obstructing charges arose from Knutson giving false information to law enforcement during their investigation. The defendants were convicted of these counts by a Washington County jury on August 26, 2009.

  • October 19, 2009
    Wisconsin Attorney General Van Hollen Announces Cleanup Settlement
    Donald Wagner of Ripon, Wisconsin, has agreed to clean up the mobile homes, drums, tires, boats, and other solid waste on his Green Lake County property and to pay $22,500 to settle state claims brought under Wisconsin's air pollution prevention and solid waste management laws."The open burning of trailer homes with their plastic, foam, rubber, metal, and insulation components is a significant source of hazardous air pollutants, dioxins, asbestos, and heavy metal containing waste particulates," Attorney General J.B. Van Hollen said. "The releases are a health risk to Wisconsin citizens and a serious violation of environmental protection laws which the Wisconsin Department of Justice in conjunction with the Department of Natural Resources will continue to enforce."

  • October 19, 2009
    Ohio Awarded $14.7 Million Judgment Against Four Defendants in Dayton Hazardous Waste Case
    The former operators as well as the current property owner of a closed hazardous waste treatment, storage and disposal facility in Dayton have been ordered to finish determining the extent of contamination that remains at the site, address any impacted soil and ground water and pay $14,706,800 in stipulated penalties.Republic Environmental Systems Ohio, Inc. (Republic), formerly known as Ecolotec, stopped operating the facility at 636 N. Irwin St. in 1995. After Republic failed to properly close the site, Ohio Environmental Protection Agency obtained a court order on Sept. 18, 1998 that required the company to close the facility in compliance with state hazardous waste regulations. In the meantime, ownership of the property had been transferred to McCabe Corp. which had full knowledge of the court order.

  • October 12, 2009
    Wisconsin Attorney General Van Hollen Settles Air Pollution Case for $72,000
    Attorney General J.B. Van Hollen announced on October 9 that his office has settled a case with Foremost Farms USA Rothschild, a manufacturer of edible and pharmaceutical grade lactose. The civil complaint, filed in Marathon County, alleges violations of Wisconsin's air pollution laws, specifically relating to air emissions in excess of air permit limitations from stationary sources of air pollution."Wisconsin law requires that industrial facilities comply with permits designed to protect the public from harmful air emissions," said Attorney General J.B. Van Hollen. "The Wisconsin Department of Justice will continue to work with the DNR to ensure that Wisconsin's citizens and natural resources are protected through compliance with the law."

  • October 12, 2009
    Oregon Governor Ted Kulongoski and Attorney General John Kroger Urge Federal Government Not to Undermine Clinton Roadless Rule
    Oregon Gov. Ted Kulongoski and Attorney General John Kroger announced on October 6 that they had sent letters urging the U.S. Department of Agriculture and the U.S. Department of Justice to pursue a legal strategy that supports the Clinton-era Roadless Rule to protect pristine wilderness areas."The Roadless Rule provides important protections to special places across our country," Governor Ted Kulongoski said. "I hope we can end this cycle of litigation and implement the Clinton Roadless Rule as originally intended and applied nationwide.""President Obama campaigned against the Bush Administration's attempts to undermine the Roadless Rule," added Attorney General Kroger. "I am urging U.S. Attorney General Holder to follow through in court."

  • October 12, 2009
    Ohio Attorney General Cordray Files Appeal in Lake Erie Public Trust Boundary Case
    Ohio Attorney General Richard Cordray has asked the Ohio Supreme Court to review a case involving the rights of the public and of private landowners along the shore of Lake Erie. The appeal asks the state's highest court to review a ruling from the 11th District Court of Appeals that said the state did not even have the right to participate in the case. The further issue addressed in that ruling concerned the location of the proper boundary of Lake Erie and how it affects the rights of the public and of private landowners."This ruling by the appeals court undermines the attorney general's authority and duty to represent the people of Ohio. It also affects the rights of all Ohioans, including private landowners, along the shores of Lake Erie," Attorney General Cordray said. "The issues at stake in this ruling are thus of great public interest and importance."

  • October 12, 2009
    Energy Efficiency Advisory Council Ratifies Massachusetts Agreement on Energy Efficiency Programs
    The Energy Efficiency Advisory Council has given its approval to an agreement between the Patrick Administration and Attorney General Martha Coakley to set nation-leading targets for electricity savings from energy efficiency investments. The targets will serve as the cornerstone of three-year energy efficiency plans that will be presented to the Department of Public Utilities for approval this fall.“Energy Efficiency represents the most cost effective way of addressing our energy needs in Massachusetts,” said Attorney General Coakley. “The approval of unprecedented, yet attainable, electric savings goals and energy efficiency plans will provide customers with the opportunity to reduce consumption resulting in savings and corresponding reductions in emissions by power plants.”Information about the Energy Efficiency Advisory Council is available online athttp://www.ma-eeac.org/

  • October 12, 2009
    Massachusetts Joins Multi-State Coalition in Defense of States'Rights to Regulate Auto Pollution
    On October 9, Massachusetts Attorney General Martha Coakley’s office joined an 18-state coalition to defend a decision by President Obama’s Environmental Protection Agency (EPA) that grants states the right to regulate global warming pollution from automobiles. The coalition is opposing a lawsuit brought by the National Automobile Dealers Association (NADA) and the U.S. Chamber of Commerce that seeks to deny individual states the ability to limit greenhouse gas emissions from cars."There is no single environmental issue that is more important to us today than climate change," said Attorney General Coakley. "The EPA was right on target when it granted California, and by extension the other states, the right to implement motor vehicle greenhouse gas regulations.”

  • October 12, 2009
    Ninth Circuit Rules in Washington State Tideland Boundary Case: United States v. Milner
    In this appeal the Court decided whether a group of waterfront homeowners are liable for common law trespass and violations of the Rivers and Harbors Appropriation Act of 1899and the Clean Water Act (CWA), because the ambulatory tideland property boundary has come to intersect shore defense structures thehomeowners have erected.In a series of summary judgment rulings and after a bench trial, the district court found against the homeowners and ordered them to remove violating structures and to pay a $1500 civil penalty. The appellate court affirmed in part and reversed in part. The Court found that the homeowners in the case were liable for common law trespass and for causing obstructions under the Rivers and Harbors Act. The Court reversed the trial court and found that the defendants were not liable under the Clean Water Act.

  • October 03, 2009
    Massachusetts Attorney General Coakley Petitions US Department of Energy to Permit State to Boost Residential Gas Furnace Efficiency
    Attorney General Martha Coakley and Department of Energy Resources Commissioner (DOER) Commissioner Phil Giudice on October 2 petitioned the US Department of Energy (DOE) to allow Massachusetts to enforce a gas furnace efficiency standard significantly stricter than the federal standard – a move that could save Massachusetts consumers approximately $144 million in heating costs between 2013 and 2030, while cutting greenhouse gas emissions over the same period by approximately 100,000 metric tons.

  • October 01, 2009
    Oregon Attorney General Kroger And Department of Environmental Quality Director Pedersen Lead Willamette River Paddle and Town Hall
    Willamette River paddle and public forum. Attorney General John Kroger, DEQ Director Dick Pedersen and Willamette Riverkeeper will lead a paddle tour of the Willamette River, focusing on the significant environmental issues is faces. They will hold a town hall immediately following.

  • September 26, 2009
    Third Circuit Upholds Criminal Convictions in Asbestos Case
    The Third Circuit on September 24 upheld convictions of two Virgin Island defendants convicted of violations of EPA's asbestos work practice standards, subjecting them to criminal liability under 42 U.S.C 7412(c)(1) and 7413. Defendants were also convicted under 18 U.S.C. 1001, governing false statements to governmental authorities.The Third Circuit upheld the convictions, discussing mens rea in the context of environmental crimes, and the meaning of "owner or operator" under the criminal provisions of the Clean Air Act.

  • September 26, 2009
    Desert Rock Permit Sent Back to EPA ...Appeal Led by New Mexico Attorney General King Successful
    Based on issues raised in an appeal led by Attorney General Gary King, the federal Environmental Appeals Board(EAB) has remanded the air quality permit for the Desert Rock power plant to the Environmental Protection Agency.The appellate board that has been reviewing the Clean Air Act permit for the proposed Desert Rock power plant in northwest New Mexico essentially sent that air permit back to the drawing board. The EAB's action came in response to an April request made by the EPA to take the permit back to reconsider several issues that New Mexico had raised in its appeal of the permit.The remand ruling is available at http://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/Decision~Date/C90A43D72273F35C8525763C004C3739/$File/Remand....pdf

  • September 25, 2009
    Second Circuit Issues Ruling in Multi-State Greenhouse Gas Federal Common Law Nuisance Suit Against Utilities
    A group of states and environmental groups sued a group of power plants, alleging federal common law nuisance with respect to the defendants' production of greenhouse gases. The District Court for Southern District of New York dismissed the case as a non-judiciable political question. The Second Circuit vacated and remanded to District Court.In an exhaustive analysis, the Second Circuit held:(1) Plaintiffs-Appellants’ [the states and environmental litigants'] claims do not present non-justiciable political questions; (2) Plaintiffs-Appellants have standing to bring their claims; (3) Plaintiffs-Appellants state claims under the federal common law of nuisance; (4) Plaintiffs-Appellants’ claims are not displaced; and (5) the discretionary function exception does not provide Defendant-Appellee Tennessee Valley Authority with immunity from suit.The ruling includes a discussion of states' parens patriae authority to bring environmental cases, analyzed against the background of Massachusetts v. EPA.

  • September 22, 2009
    Massachusetts Attorney General Coakley's Office Reaches Settlement with Help Save the Lake, Inc. for Alleged Environmental Violation Related to the Construction of a Temporary Dam
    On September 22, Attorney General Martha Coakley’s Office entered into a settlement agreement with Help Save the Lake, Inc. to resolve alleged violations of the Massachusetts Wetlands Protection Act and the Massachusetts Waterways statute. In 2007, Help Save the Lake, a group made up of Taunton-area citizens, participated in the construction of a coffer dam (temporary dam) at the outlet of Lake Sabbatia, in Taunton, without the necessary authorizations from the Department of Environmental Protection (MassDEP). Members of Help Save the Lake constructed the coffer dam in an effort to raise water levels in Lake Sabbatia that had fallen after the Department of Conservation and Recreation’s Office of Dam Safety ordered the gates opened on Morey’s Bridge Dam because of significant public safety concerns with that structure.

  • September 22, 2009
    Indiana Attorney General Zoeller Reaches Settlement with City to Fix Water Pollution Hazard
    To resolve longstanding problems with sewer overflows into local streams and the Ohio River, the city of Jeffersonville has reached a settlement agreement with the State of Indiana and the federal government that will trigger improvements to the city’s sewer system.Indiana Attorney General Greg Zoeller and the Indiana Department of Environmental Management have signed a consent decree with the city of Jeffersonville that also was joined by the U.S. Department of Justice and federal Environmental Protection Agency. It was filed in U.S. District Court on September 17.

  • September 22, 2009
    Ninth Circuit Reverses District Court's Approval of BLM Actions in Center for Biological Diversity v. DOI/BLM
    The Ninth Circuit held that the failure of the Bureau of Land Management to conduct a comparative analysis of the effects of various possible options was tantamount to a failure to take a "hard look" at the alternatives, as required by NEPA.

  • September 14, 2009
    New Jersey Attorney General Milgram Obtains Indictment Charging Owner of Crowne Plaza Hotel with Discharging Sewage into Hackensack River
    Attorney General Anne Milgram announced that the Division of Criminal Justice today obtained an indictment charging the owner of the Crowne Plaza Hotel in Secaucus with unlawfully pumping wastewater contaminated with sewage into the Hackensack River.According to Criminal Justice Director Deborah L. Gramiccioni, the corporate owner of the hotel, RD Secaucus LLC, which does business as Crowne Plaza Hotel Secaucus and Rosdev Hospitality Secaucus LP, is charged in a state grand jury indictment with third-degree unlawful discharge of a pollutant in violation of the New Jersey Water Pollution Control Act.The indictment may be accessed at:http://www.nj.gov/oag/newsreleases09/090209-crowne-plaza-indictment.pdf

  • September 13, 2009
    Ninth Circuit Holds Kern County Ordinance Does Not Violate Commerce Clause
    Dormant Commerce Clause case. Kern County, California enacted an ordinance restricting waste disposal of sewage sludge, and a group of in-state recyclers sued, arguing that the ordinance violated the Commerce Clause. The Ninth Circuit held that the in-state recyclers had no interests within the zone of interests protected by the dormant Commerce Clause. The dispute now returns to district court for further litigation on other grounds.

  • September 09, 2009
    Georgia Attorney General Baker Announces Guilty Plea in Case of Illegal Dumping of Body Parts and Other Bio-Waste
    Attorney General Thurbert Baker announced that Christopher Lee entered a guilty plea in DeKalb County Superior Court yesterday to one count each of unlawful dumping, illegal handling of solid waste and illegal storage of human waste. Lee was sentenced by Judge Michael Hancock to a ten year sentence, the balance to be served on probation, and ordered to pay $14,124.00 in restitution, including the costs associated with properly disposing of the bio-waste. A special condition of Lee’s probation is that he is forbidden from working at any company in the waste management business or applying for any permit or license relating to waste management.

  • September 01, 2009
    Massachusetts Man Pleads Guilty to Storing and Dumping Medical Waste and Disposing of Mercury Down the Drain
    The former owner and operator of Associated Processor Service (APS), a medical waste disposal company in Natick, pled guilty in Middlesex Superior Court on charges he unlawfully stored and disposed of medical waste, and unlawfully dumped hazardous waste, including mercury, down the drain of his Mechanic Street facility. Edward P. Small, age 56, of Dover, pled guilty on August 20 to violating the Hazardous Waste Management Act (7 counts), the Clean Water Act (2 counts), the State Sanitary Code (2 counts), and the Solid Waste Management Act (1 count).This case was investigated by the Massachusetts Environmental Crimes Strike Force (ECSF), an interagency unit that includes prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from the MassDEP. The ECSF is overseen by Attorney General Coakley, MassDEP Commissioner Laurie Burt and Energy and Environmental Affairs Secretary Ian A. Bowles. The ECSF investigates and prosecutes crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health. Lori Paradice, an inspector from the Massachusetts Water Resource Authority, also assisted in this investigation.

  • September 01, 2009
    California Attorney General Brown and 8 District Attorneys Force U-Haul to Improve Handling of Hazardous Materials
    Attorney General Edmund G. Brown Jr. and eight District Attorneys on August 21 reached an agreement requiring U-Haul Company of California to "clean up its act" and improve the way it handles and disposes of hazardous materials at its 179 regulated facilities throughout the state."U-Haul has turned a blind eye to California's hazardous materials laws for years, even after an explosion and fire severely damaged one of its facilities," Brown said. "This agreement forces U-Haul to clean up its act and improve the way it handles hazardous materials, plans for emergencies and trains employees."

  • August 31, 2009
    Rhode Island Attorney General Lynch Assails Coast Guard for Recommending Liquefied Natural Gas Traffic in Rhode Island Waters
    Attorney General Patrick C. Lynch issued the following statement concerning the recommendation by the Coast Guard on the suitability of Narragansett Bay and Mount Hope Bay for LNG marine traffic. Weaver’s Cove Energy seeks to construct a berth one mile offshore in Mount Hope Bay and just 700 feet from the Rhode Island border, and two miles south of the Braga Bridge, to accommodate deliveries by LNG tankers to Fall River.Attorney General Lynch’s comment is as follows:“I share the disappointment and dismay of everyone involved in the sustained battle to keep Weaver’s Cove Energy from establishing a massive LNG berthing facility first, at Weaver’s Cove in Fall River and now, in the middle of our magnificent Mount Hope Bay, in regard to the ill-advised decision rendered by the United States Coast Guard today. But our battle is far from over. There remains a host of issues that need to be addressed, and today’s misguided conclusion by the Coast Guard that the shipping transit route to a proposed offshore berthing terminal is navigationally suitable does not relate to the suitability of the terminal itself. Neither does it concern submerged lands and dredging issues. My office will fight on, as we have done, to protect Rhode Island’s coastal communities and families, business interests, and the recreational boating that is so crucial to the identity and integrity of our beautiful Ocean State.”

  • August 31, 2009
    Turtle Lake Company Settles Wisconsin Lawsuit Over Wastewater Violations For $187,500
    Kerry Inc. d/b/a Kerry Ingredients and Flavours, which owns and operates a soy protein production facility in Turtle Lake, Barron County, has agreed to pay $187,500 to settle state claims under Wisconsin's water pollution laws. The judgment resolves charges that Kerry failed to properly manage its discharges of wastewater into the Village of Turtle Lake wastewater treatment plant since 2005."Wisconsin law requires that industrial facilities manage their wastewater discharges so as to protect the public and the environment from harmful pollutants," said Attorney General J.B. Van Hollen. "The Wisconsin Department of Justice will continue to work with the DNR to ensure that Wisconsin's citizens and natural resources are protected through compliance with the law."

  • August 31, 2009
    Wisconsin Attorney General Van Hollen Announces Settlement in Marinette County Wetlands Violations Case
    Attorney General J.B. Van Hollen today announced on August 24 that Richlen Excavating, Inc., and Steven W. Stock have agreed to pay penalties and costs totaling $45,000 for their alleged unlawful dredging and enlargement of two ponds and their disposal of eroded soils into the North Branch of Beaver Creek, a Class I brook and brown trout stream in Marinette County.

  • August 31, 2009
    Wisconsin Attorney General Van Hollen Announces Settlement In Clark County Environmental Violations Case
    Attorney General J.B. Van Hollen on August 26 announced that Marawood Sand & Gravel 200, LLC ("Marawood"), has agreed to pay penalties and costs totaling $10,000 for its unlawful discharge of pollutants into the waters of the state without a permit, namely sand into a tributary of O'Neill Creek in Clark County."For the protection of Wisconsin citizens and our natural environment, the Wisconsin Department of Justice will continue to work with DNR to ensure that Wisconsin environmental laws are followed," Van Hollen said.

  • August 31, 2009
    Wisconsin Attorney General Van Hollen Announces Brookfield Man's Conviction on Charges of Illegally Storing Hazardous Waste
    Attorney General J.B. Van Hollen announced that on August 26, 2009, a Washington County jury convicted Dale Knutson of Brookfield and his corporation, CAAP, Inc., of illegally storing hazardous waste on his property in the Town of Erin in Washington County. Knutson was also convicted of two counts of obstructing for giving false information to Washington County Deputy Sheriff Kevin Mass and DNR Environmental Warden Jenny Gibson. The jury's verdicts acquitted Knutson and CAAP, Inc. of illegally transporting and disposing of hazardous waste.

  • August 15, 2009
    Settlement Provides for Lead Reduction in Artificial Turf
    Fighting to ensure the safety of children's playgrounds and ball fields, Attorney General Edmund G. Brown Jr. on August 14 signed off on an agreement requiring Georgia-based AstroTurf, LLC to virtually eliminate lead from its artificial grass, creating the country's first enforceable lead standards for artificial turf products."As schools and daycare centers replace grass with artificial turf, extreme care must be taken to minimize lead exposure," Brown said. "This agreement is the first of its kind and will help make playgrounds and ball fields safe for our children."In 2008, Brown filed suit against AstroTurf and two other companies for excessive lead levels after testing by the Center for Environmental Health (CEH) found high levels in artificial turf products. Brown's office independently tested AstroTurf and other artificial turf products and confirmed CEH's findings. AstroTurf immediately took steps to begin reformulating its products.

  • August 14, 2009
    Fourth Circuit Upholds USEPA's Approval of VIrginia's CAIR SIP
    Mirant Potomac River, a power company, appealed U. S. Environmental Protection Agency's approval of Virginia's Clean Air Interstate Rule State Implementation Plan ("CAIR SIP") to the Fourth Circuit, as provided by the Clean Air Act. The State of Virginia intervened in support of EPA.The Court held that Mirant's alleged injury flows from Virginia's Nonattainment Provisions, which are separate emissions standards adopted by Virginia's Air Pollution Control Board under the authority of the Virginia legislature. Because Mirant's injury could not fairly be traced to EPA's approval of Virginia's CAIR SIP, the appellate court dismissed the case for lack of jurisdiction.for lack of standing.

  • August 14, 2009
    Seventh Circuit Affirms Plaintiff's Lack of Standing in Lake Michigan Gun Range Case
    This case is one in the long series of federal cases defining Article III standing in the context of environmental citizen suits. The Navy and the FBI operated a gun range and a shotgun range near Lake Michigan, from 1918 to the present. Additionally, the Coast Guard conducted offshore live-firing exercises in the area in 2006. As a result, lead bullets from these activities were deposited into Lake Michigan.Plaintiffs filed suit under RCRA, CERCLA, the Clean Water Act and Illinois nuisance law to compel the federal government to clean up and otherwise remedy harm from operation of a gun range.The plaintiffs alleged standing on the basis of their interest in the wildlife around Lake Michigan and because they consumed freshwater fish, and drank water from Lake Michigan. The District Court dismissed the case for lack of subject-matter jurisdiction, holding that plaintiffs failed to establish standing. The Seventh Circuit affirmed the dismissal.

  • August 12, 2009
    States of Washington and Oregon and US Department of Energy Announce Proposed Consent Decree Governing Tank Waste Cleanup at Hanford
    With the ongoing construction of the Waste Treatment Plant (WTP) in the background at the Hanford Site, Energy Secretary Steven Chu joined Washington Governor Chris Gregoire, Oregon Governor Ted Kulongoski, Washington Attorney General Rob McKenna, U.S. Senators Patty Murray and Maria Cantwell, acting U.S. Assistant Attorney General John Cruden and other officials on August 11 announced a proposed legal settlement that will impose a new, enforceable and achievable schedule for tank waste cleanup at the Hanford Site in southeastern Washington State.The Washington State and federal officials announced a proposed judicial consent decree that will be filed in federal court, then be subject to a public comment period. The proposed consent decree between the Department of Energy (DOE) and Washington State will set a new and achievable schedule for construction and startup of the WTP and the retrieval of waste from the large underground single-shell storage tanks at Hanford. Hanford currently stores 53 million gallons of radioactive and chemical waste in 177 underground tanks at the Site. The proposed consent decree settles litigation that was filed by Washington State last November and joined by the State of Oregon in February to compel the Energy Department to complete key aspects of the Hanford cleanup.

  • August 12, 2009
    Maryland Attorney General Gansler Announces Settlement with PPG Industries: Agreement Will Reduce Mercury in Western Maryland
    Attorney General Douglas F. Gansler on August 11 announced that the State of Maryland has entered into a settlement agreement with PPG Industries, Inc. (PPG) to reduce toxic mercury emissions at its Natrium, West Virginia facility. PPG has also stated as part of the agreement that it supports the goal of replacing its existing mercury-based production process at the Natrium facility with mercury-free technology.“As we develop new strategies and increase enforcement efforts to clean up Maryland’s air and water, we must look at pollution sources emanating outside the State,” said Attorney General Gansler. “Today’s agreement includes strict penalties, regular monitoring, and a commitment from PPG to decommission the mercury-based technology.”

  • August 10, 2009
    Ohio Attorney General Cordray&Ohio EPA Reach Multimillion Dollar Settlement with Chemical Manufacturer
    Ohio Attorney General Richard Cordray on July 31 joined the U.S. Department of Justice in filing a Consent Decree, including a $3.1 million settlement, with INEOS ABS (USA) and the former Lanxess Corp., operators of a plastic resins manufacturing facility located in the village of Addyston near Cincinnati. The joint state/federal air pollution enforcement action, taken on behalf of the Ohio Environmental Protection Agency and the U.S. EPA, spells out specific pollution control and monitoring the company must implement and specifies penalties for potential future violations.“The people of Addyston have watched and listened for years, as concerns were raised about toxins from this plant polluting the air they breathe,” said Attorney General Cordray. “The financial penalty helps us to enforce state and federal laws, but the pollution control and monitoring called for in the settlement are more important because they will protect against further harm to the community.”

  • August 10, 2009
    Connecticut Attorney General Blumenthal Announces Agreement To Begin Immediate Clean Up of Junkyard
    Attorney General Richard Blumenthal said the owner of a North Branford junkyard must immediately start cleaning his property under an interim agreement announced today."Beginning right away, waste removal is a strong step toward stopping a recurring environmental nightmare of stumps, tires, junk vehicles, scrap metal and potentially hazardous debris," Blumenthal said. "We will closely scrutinize compliance and cleanup, working with other environmental officials. A failure to fulfill this agreement promptly will mean stronger steps, including possible steep monetary penalties and imprisonment."This sea of debris must end -- cleanup neighbors deserve and law demands. Today's action is the beginning of the end to this junk-heap eyesore. If the agreement is violated, we will fight for stiff penalties."

  • August 06, 2009
    Ninth Circuit Affirms Reinstatement of the Roadless Rule
    The appellate court here affirmed the district court's decision, which set aside the State Petitions Rule and reinstated the Roadless Area Conservation Rule, more commonly known as the “Roadless Rule,” pending Forest Service compliance with the National Environmental Policy Act and the Endangered Species Act.

  • August 06, 2009
    Washington State Leaders Relish “Roadless Rule” Victory
    State officials are celebrating a court victory that walls off millions of acres of public lands from new development. On Wednesday the 9th Circuit Court ruled in favor of a lower court’s decision to turn back a 2005 effort to open up some federal lands to new road construction and the harvest of timber.The Attorney General’s Office, working on behalf of the Governor and the State of Washington, has done the legal legwork to successfully challenge the 2005 rulemaking action.“Today’s victory is sweet for those of us who want to see our forests conserved for future generations,” said Attorney General Rob McKenna. “The conservation of natural resources is something that all state citizens strongly support. And that’s why we’ve made the legal defense of our environment a top priority.”

  • August 04, 2009
    Eighth Circuit Allows Counterclaim Against Missouri in St. Louis Water Pollution Case
    The United States and the State of Missouri filed this enforcement actionagainst the Metropolitan St. Louis Sewer District (District) under the Clean Water Act(Act), 33 U.S.C. § 1251 et seq. (2009). They sought federal civil penalties and injunctiverelief to limit discharges of untreated wastewater and sewage by the District. TheDistrict raised several affirmative defenses claiming financial inability to comply withthe Act's requirements and filed two counterclaims. The State then moved to strikethe District's affirmative defenses and to dismiss its counterclaims, arguing that theywere barred by sovereign immunity and the Eleventh Amendment. The district court1denied the motion and Missouri appeals, arguing that it did not waive its sovereignimmunity by filing this action since the Act requires its participation. The appellate court affirmed.

  • August 04, 2009
    Kansas Files Paperwork to End Arkansas River Litigation Against Colorado
    The States of Kansas and Colorado made a joint filing on August 4 with the U.S. Supreme Court that will end the Court's active consideration of Kansas v. Colorado involving waters of the Arkansas River, officially ending a case that has spanned more than two decades.

  • July 31, 2009
    Wisconsin Attorney General Van Hollen Settles Construction Site Water Pollution Case
    Powers Lake Construction Co., Inc., from Twin Lakes, has agreed to pay $85,000 to settle state claims brought for violations of Wisconsin's environmental protection laws at a construction site in Fredonia, Ozaukee County.Runoff pollution is the major source of polluted waters in Wisconsin. "Wisconsin law requires that contractors properly manage construction sites to protect state waters," Attorney General J.B. Van Hollen said. "The Department of Justice will continue to work with the DNR to ensure that Wisconsin's natural resources are protected through compliance with the law."

  • July 31, 2009
    Massachusetts Attorney General Coakley’s Office Sues Boston Company for Illegally Leasing Hazardous Waste License to Unlicensed Company
    Attorney General Martha Coakley’s Office filed a complaint in Suffolk Superior Court against Auto Body Solvent Recovery Corp. (Auto Body) alleging that the company illegally leased its license to transport hazardous waste within Massachusetts to an unlicensed company. The lawsuit, filed on July 30, alleges this lease agreement allowed an unlicensed company to transport hazardous waste on public roads in violation of the state’s Hazardous Waste Management Act. The complaint seeks a permanent injunction prohibiting Auto Body from leasing or transferring its hazardous waste transport license to any other company, as well as civil penalties for violation of the Commonwealth’s environmental laws.

  • July 31, 2009
    Maryland Attorney General Gansler Announces Cecil County Man's Guilty Plea in Open Burning Case
    Attorney General Douglas F. Gansler announced on July 30 that William Sanders, Jr., 41, of Earleville pled guilty in the District Court of Maryland for Cecil County to illegally causing an open fire and burning scrap tires and other assorted solid waste without a permit. The Honorable Bonnie G. Schneider granted probation before judgment and 12 months supervised probation. Judge Schneider also ordered Sanders to pay court costs, $942.00 to the Clean Air Fund, and to assist in the removal of the remaining solid waste from the property to a permitted facility. The maximum penalty for the offense, which is a misdemeanor, is up to one year in jail and a $25,000 fine.

  • July 27, 2009
    Connecticut Governor Rell, Attorney General Blumenthal File Request For Rehearing To Block New FAA Airspace Routes Directing More Large Planes Over Connecticut
    Governor M. Jodi Rell and Attorney General Richard Blumenthal on July 23 filed a formal request with the U.S. Court of Appeals for the District of Columbia seeking a rehearing to block a new Federal Aviation Administration (FAA) airspace redesign project that routes more large planes over southwestern Connecticut.

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