July 31, 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

For more information about our firm, please visit www.bdlaw.com.

Office Locations:
› Washington, DC
› Maryland
› New York
› New Jersey
› Massachusetts
› Texas
› California

 

TEXAS DEVELOPMENTS

Beveridge & Diamond Texas Office Expands

Beveridge & Diamond, P.C. is pleased to announce the arrival of three new lawyers in the Firm’s Texas Office:  Karen Hansen, Daniel Berner, and Edward Grauman.  These lawyers have joined Madeleine Kadas, Laura LaValle, and Bryan Moore.

Environmental Groups File Notice of Intent to Sue EPA Under the Clean Air Act

On July 18, 2012, coalitions of environmental groups led by the Environmental Integrity Project and Earth Justice submitted two 60-day citizen suit notices of intent to sue EPA for failing to review rules and standards under the Clean Air Act.

Travis County District Judge Upholds TCEQ’s Denial Of Greenhouse Gas Rulemaking Petition

On July 9, 2012, Judge Gisela Triana of the 200th Travis County District Court in Austin, Texas, issued a letter ruling in Angela Bonser-Lain v. TCEQ, No. D-1-GN-11-002194.

Registration Period for Advanced Review of Compliance History Has Begun

The Texas Commission on Environmental Quality has opened the registration period for regulated entities to designate representatives who will be entitled to view the entity’s compliance history online before it is made available to the public.

Third Court of Appeals Affirms TCEQ Order Granting Landfill Permit

On June 28, 2012, the Third Court of Appeals ruled in favor of TCEQ and TX Landfill, LP in an appeal of TCEQ’s decision to issue IESI a permit for new municipal solid waste landfill near Jacksboro, Texas.

EPA Agrees to Take Action on Plan for Texas Ozone Nonattainment Areas

Pursuant to a consent decree filed in the United States District Court for the District of Columbia, the U.S. Environmental Protection Agency has agreed to take actions to approve, disapprove, or partially approve the various portions of Texas’ State Implementation Plan for the Houston-Galveston-Brazoria and Dallas-Fort Worth eight-hour ozone nonattainment areas.

Certain Texas MSS Emissions Permit Applications Due January 2013

A broad collection of facility types will be subject to a January 5, 2013 deadline to submit Texas New Source Review permit applications to authorize maintenance, startup and shutdown emissions.

UST Operator Training Due August 8, 2012

Pursuant to TCEQ regulations issued last year, August 8, 2012, is the deadline by which every underground storage tank facility must have at least one trained operator in each of three operator classes.

TCEQ Announces Availability of Clean Vehicle TERP Grants

On July 9, 2012, TCEQ announced the availability of $18 million in grant funds to eligible businesses, governmental entities, school districts and individuals to replace older medium-duty or heavy-duty gasoline or diesel vehicles with natural gas vehicles or repower the vehicles with natural gas engines.

TCEQ Announces Possible Water Rights Restrictions

On July 24, 2012, TCEQ announced that it had informed water rights holders that "the agency may need to administer water rights on a priority basis, if drought conditions persist."

TCEQ is Accepting Texas Environmental Excellence Awards Applications

TCEQ is accepting applications through October 5, 2012 for the 2013 Texas Environmental Excellence Awards.

Upcoming TCEQ Meetings and Events

  1. 2012 Public Drinking Water Conference: Information and Tools for Public Water Systems and Utilities
  2. Advanced Air Permitting Seminar and an Oil and Gas Facilities Workshop
  3. Water Quality/Storm Water Seminar

TCEQ Enforcement Orders

TCEQ announcements for enforcement orders adopted in July can be found on the TCEQ website at  http://www.tceq.texas.gov/news/releases/072512commissionagenda.

Recent Texas Rules Updates

For information on recent TCEQ rule developments, please see the TCEQ website at http://www.tceq.state.tx.us/rules/whatsnew.html.

NATIONAL DEVELOPMENTS

DOT Asks for Comments on Potential Streamlining of Transport Rules for "Reverse Logistics" Involving Products That Are Hazardous Materials

On July 5, 2012, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") within the U.S. Department of Transportation ("DOT") issued an Advanced Notice of Proposed Rulemaking ("ANPRM") seeking public comments on whether there is a need to simplify the existing Hazardous Materials Regulations ("HMR") as they apply to "reverse logistics" for products that qualify as hazardous materials.

Will FDA Get New Authority to Regulate Cosmetics?

Drug and medical device manufacturers must receive advance approval from the U.S. Food and Drug Administration ("FDA") before marketing their products to the public.

EPA Continues to Improve Regulation of Public Health Antimicrobials

The U.S. Environmental Protection Agency (EPA) has made a number of changes in recent years to improve regulation of antimicrobial pesticide products, particularly those related to public health.

SEC Announces August Meeting to Consider Final Conflict Minerals Rule

The Securities and Exchange Commission ("SEC") has announced that it will hold an open meeting on August 22, 2012 to consider adopting a final rule to implement the conflict minerals disclosure requirements of Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act").

Firm News & Events

Firm Holds Fourth Latin American Region Environmental Roundtable

Beveridge & Diamond was honored to hold its Fourth Latin American Region Environmental Roundtable.

Lily N. Chinn Selected For 2012 Leadership Council on Legal Diversity (LCLD) Fellows Program

Lily N. Chinn of Beveridge & Diamond’s San Francisco office was accepted into the 2012 Leadership Council on Legal Diversity (LCLD) Fellows Program.

 
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