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85 FR 50025

EPA approved Kansas’ request to modify certain of its Agency-authorized programs to allow electronic reporting.

85 FR 30785

The Federal Highway Administration (FHwA) and the Utah Department of Transportation proposed a renewal of Utah's participation in the state assumption of responsibility for categorical exclusions, which allows FHwA to assign to states its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the state, as specified in the proposed memorandum of understanding, are categorically excluded from preparation of an EA or EIS under NEPA.

85 FR 23960

EPA approved South Carolina's request to revise/modify certain of its Agency-authorized programs to allow electronic reporting. 

85 FR 23957

EPA approved Virginia's request to revise/modify certain of its Agency-authorized programs to allow electronic reporting. 

Last Lake Standing: Clean Water Act Jurisdiction in the Alaskan Frontier After <i>Rapanos v. United States</i>

Editors' Summary: Environmental professionals continue to consider the implications of the 2006 U.S. Supreme Court landmark decision regarding CWA jurisdiction, Rapanos v. United States. In this Article, Matthew A. Axtell uses Justice William O. Douglas'travel description of Alaska's Last Lake as a hypothetical to test the potential impact of the 2001 SWANCC decision as well as Rapanos on the federal government's CWA authority in Alaska. He begins by analyzing the CWA regulatory regime that applied for many years to Alaskan tundra wetlands before SWANCC and Rapanos.

Sovereign Immunity and the National Nuclear Security Administration: A King That Can Do No Wrong?

The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with environmental laws and regulations. The NNSA Act, enacted in the wake of allegations of spying at Los Alamos nuclear weapons laboratory in New Mexico, established a semi-autonomous agency within DOE—the National Nuclear Security Administration (NNSA). The NNSA operates nine laboratories and facilities within the U.S. nuclear weapons complex.

American Telephone & Telegraph Co. v. Compagnie Bruxelles Lambert: A New Line of Defense for Parent Corporations

Editors' Summary: With their often substantial assets, parent corporations make attractive targets for parties seeking to remedy environmental harm. However, by challenging a court's jurisdiction over the parent, the parent may force a change of forum or, ultimately, a dismissal of the claims. This Article examines the scope of a parent's liabilities for the actions of its subsidiaries and discusses the jurisdictional issues.

Petroleum Waste Sites Revisited: Oiling the Gears of the CERCLA/RCRA Suit

One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum substances. Parties seeking relief face significant hurdles under the federal environmental statutes. The key federal environmental cost-recovery statute, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) often provides little help because of its petroleum exclusion.