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WINSTON AND THE LEGAL ENVIRONMENT

Welcome to Winston & Strawn's Winston and the Legal Environment, a blog dedicated to providing insights and discussion on current trends affecting the environment industry, drawing on the depth of our attorneys' knowledge base.

To ensure that this blog becomes your primary resource for environmental and sustainability legal and policy news, it is our commitment to our readers to share regular and timely updates on the issues that matter the most.

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About the Bloggers
Eleni Kouimelis
Partner
Chair, Environmental Law Practice
Chicago Office
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May 22, 2013
Texas and Utility Group Challenge EPA’s GHG FIP in D.C. Circuit

The D.C. Circuit Court of Appeals heard oral arguments on May 7 in cases challenging EPA's decision to directly write GHG permits in Texas after the state refused to adopt the Agency's GHG permitting program. In a September 2010 EPA rule stated that state PSD programs that did not address GHG-emitting sources were inadequate. At this time, 13 states did not include GHG permitting in their state implementation plans ("SIPs"). 12 of these states revised their SIPs consistent . . .

Jay Holloway ; Charles A. DeVore

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May 21, 2013
McCarthy’s Nomination for EPA Administrator Approved by EPW – Challenges May Lie Ahead

On May 16, the Senate Environment & Public Works Committee ("EPW") voted in support of nominee Gina McCarthy to be named the next administrator of the EPA. The Committee voted along party lines, with ten Democrats supporting McCarthy's nomination and eight Republicans opposing. EPA made concessions to answer some of Senate Republicans' concerns about transparency at the Agency, but . . .

Charles A. DeVore ; Eric J. Silva; Jay Holloway

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May 10, 2013
EPA Extends Public Comment Period on Draft Vapor Intrusion Guidance

On May 8, 2013, EPA announced that it is extending the public comment period on its draft vapor intrusion guidance and its draft petroleum vapor intrusion guidance documents. The public co . . .

Stephanie B. Sebor ; May Wall

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May 10, 2013
EPA Releases Possible Stance on Coal Ash Rule

EPA has signaled that it may be considering regulating coal ash as a non-hazardous municipal and solid waste under Subtitle D of RCRA rather than as a special waste under Subtitle C, which subjects the material to stricter waste management rules, in a move that is garnering praise from industry groups concerned about high costs of stringent requirements and the uncertainty created by the Agency's lengthy rulemaking process.

In the preamble to its recently proposed . . .

Averil M. Edwards ; May Wall

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April 23, 2013
EPA Releases Proposed Power Plant Effluent Limitations Guidelines

On Friday, April 19, 2013, EPA announced that it had proposed a rule to address wastewater discharges from steam electric power plants. If finalized, the rule would be the first update of the effluent limitations guidelines (ELGs) since 1982. EPA had conducted a study of wastewater discharges from this sector in 2009, and concluded that the increased use of air pollution controls had increased the nature and strength of power plant wastewater discharges. According to the pre-pu . . .

Averil M. Edwards ; Jay Holloway

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