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Rising US production may stimulate more OPA scrutiny, ELI forum told


June 23, 2014

Federal requirements under the 1990 Oil Pollution Act (OPA), which came into question following the 2010 Macondo deepwater well blowout and crude oil spill, appear likely to get a fresh look as US onshore crude production climbs and producers scramble to get it to market, suggested some participants in a recent Environmental Law Institute seminar.

"OPA began as a response to the Exxon Valdez spill, and was focused on marine transportation initially," said Russell V. Randle, a Partner at Patton Boggs LLP's Washington, DC, office who moderated the discussion. "But there also have been major spills involving pipelines, rail transportation, and barge transportation in the time since.

"As a policy matter, we're seeing symptoms of a much broader issue: We have to move a lot more domestic oil than we originally thought," he continued. "Much of it is in places that are a significant distance from where it can be refined. That's causing us to make a lot of difficult transportation choices."
 

U.N. enlists legal help to crack down on environmental crime

 
June 23, 2014
 
The United Nations will seek ways to toughen environmental laws this week to crack down on everything from illegal trade in wildlife to mercury poisoning and hazardous waste.
 
The U.N. Environment Assembly (UNEA), a new forum of all nations including environment ministers, business leaders and civil society, will meet in Nairobi from June 23-27 to work on ways to promote greener economic growth.
 
That drive includes giving environmental laws more teeth.
 
"We often have environmental legislation that is well intentioned but is not effective," Achim Steiner, head of the U.N. Environment Programme which will host the talks, told Reuters in a telephone interview.
 
Many countries sign up for environmental treaties but are often slow to ratify and fail to enforce them in domestic laws, on issues ranging from protecting animals and plants from extinction to outlawing dangerous chemicals or regulating hazardous waste.
 

US Ecology, Inc. Completes Acquisition of EQ - The Environmental Quality Company; Enters Into New $540 Million Credit Agreement


BOISE, ID--(Marketwired - Jun 18, 2014) - US Ecology, Inc. (NASDAQ: ECOL) ("the Company") today announced the completion of its previously announced acquisition of EQ - The Environmental Quality Company ("EQ"), for $465 million. The combination of US Ecology and EQ creates a leading North American environmental and industrial services provider.
 
The acquisition was funded with cash on hand and borrowings under a new $540 million credit facility made up of $415 million in 7-year term debt and a $125 million 5-year revolving line of credit.
 

US EPA to Phase Out Use of Older Standards for Site Assessments


June 20, 2014

A Phase I Site Assessment is used primarily to investigate commercial real estate for environmental conditions.  The American Society for Testing and Materials (ASTM) International provides a Standard Practice for environmental professionals undertaking a Phase I Site Assessment.  Last fall, ASTM International published a revised version of the Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or “ASTM E1527-13.”  
 
On Tuesday, June 17th, the United States Environmental Protection Agency (USEPA) issued a proposed rule that would revoke USEPA’s acceptance of the older standard, ASTM E1527-05, in favor of the newer version, ASTM E1527-13.  79 Fed. Reg. 34480 (June 17, 2014).  This is a change from USEPA’s prior position stating that it would accept both versions of the standard.  USEPA states that it is issuing this proposed rule because it wants “to reduce any confusion.”  79 Fed. Reg. 34482.  The proposed rule would become effective one year after publication of the final rule, and would not apply retroactively.  As a result, Phase I Site Assessments undertaken pursuant to ASTM E1527-05 will still be compliant with the AAI rule until one year after the final rule is published.
 

States concerned about proposed Coast Guard rules

June 16, 2014

SEATTLE (AP) — As the U.S. Coast Guard moves to assert its federal authority over maritime issues, officials in Washington, Alaska and other states are concerned by what it may mean for states' rights in preventing and preparing for oil spills.
 
State officials in California, Washington and New York have asked the Coast Guard to withdraw rules it proposed in December. They say the rules would limit the states' role in protecting citizens from vessel accidents and pollution.
 
In December, the Coast Guard released proposed rules that outline a number of regulations that it says would override state and local law. The proposal clarifies the Coast Guard's federal authority over areas such as vessel safety and inspection, small passenger vessels, marine accident reporting, among matters.