May 30, 2012
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8040
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8010
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8020
98 San Jacinto Boulevard, Suite 1420
Austin, TX 78701-4296
(512) 391-8030


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EPA Region 6 Administrator Resigns

Former EPA Region 6 Administrator, Al Armendariz, resigned from his post, effective April 30, 2012. His resignation was prompted by a firestorm of criticism for comments he made in 2010, in which he compared his enforcement strategy to Roman crucifixion.

Texas Railroad Commissioner Announces Initiative to Modernize Flaring Rules

Texas Railroad Commissioner David Porter announced an initiative to reduce flaring and venting associated with the rapid expansion of oil and gas production in Texas.

EPA Region 6 Issues Second Texas Greenhouse Gas Permit

On May 24, 2012, the U.S. Environmental Protection Agency ("EPA") Region 6 issued the second greenhouse gas emissions permit in Texas since taking over permitting authority after the state refused to implement the federal New Source Review/Prevention of Significant Deterioration ("PSD") permitting program for greenhouse gases.

EPA Publishes 2008 Ozone Standard Area Designations and Deadlines

On May 21, the U.S. Environmental Protection Agency ("EPA") published a final rule setting initial air quality designations for most areas in the United States for the 2008 primary and secondary ozone national ambient air quality standards ("NAAQS")( 77 Fed. Reg. 30088).

Air Pollutant Watch List Permitting Guidance Issued

The Texas Commission on Environmental Quality ("TCEQ") has issued a guidance document for New Source Review ("NSR") permitting in Air Pollutant Watch List ("APWL") areas. The guidance is intended to increase transparency regarding the APWL process and to minimize permitting delays.

TCEQ Posts Environmental Trade Fair Materials Online

The Texas Commission on Environmental Quality ("TCEQ") has posted on its website the written materials provided at TCEQ’s Environmental Trade Fair and Conference held in Austin on May 1-2, 2012.

Upcoming TCEQ Meetings and Events

  • TCEQ Commissioners' Work Session
  • 2012 Public Drinking Water Conference

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in May can be found on the TCEQ website at

Recent Texas Rules Updates

For information on recent TCEQ rule developments, please see the TCEQ website at


EPA Inspector General Recommends Classification of Additional Pharmaceuticals as Hazardous Wastes When Discarded

On May 25, 2012, the U.S. Environmental Protection Agency ("EPA") Office of Inspector General ("OIG") issued a report finding that inaction by the Agency in identifying pharmaceuticals that are hazardous wastes when discarded "may result in unsafe disposal and releases of dangerous pharmaceuticals into the environment."

Federal Guidance Issued for the First Time on E-Discovery Best Practices in Criminal Cases

Recent widespread attention to discovery problems in criminal cases such as the prosecution of Senator Ted Stevens has prompted the U.S. Department of Justice to explicitly provide guidelines for criminal discovery through a variety of directives to prosecutors.

U.S. Postal Service Bans International Mailing of Lithium Batteries

On May 14, 2012, the U.S. Postal Service ("USPS") published a final rule prohibiting, at least for the time being, all outbound international shipment of lithium batteries via USPS as of May 16, 2012.


Beveridge & Diamond Launches Environmental, Land Use and Litigation Law Portal

Beveridge & Diamond, P.C. is pleased to announce the launch of its Environmental, Land Use and Litigation Law Portal. The blog-style portal is a robust database for Beveridge & Diamond’s news alerts, posts, newsletter articles and other substantive content.

Beveridge & Diamond Featured in Environmental Law Forum for Sustainability Efforts

Beveridge & Diamond is featured in an article, The Sustainable Firm, from the May-June issue of the Environmental Law Institute’s Environmental Forum.

Nadira Clarke Featured in Legal Bisnow article on Environmental Crimes Conference 

Nadira Clarke, a shareholder in Beveridge & Diamond’s Washington office and chair of the Firm’s White Collar practice, spoke on a panel on responding to search warrants at the 17th annual ALI-ABA Conference on Environmental Crimes, a leading seminar on federal criminal enforcement of environmental laws.

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