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Mesabi Nugget Water Quality Variance Remanded, Disapproved by EPA

Jeremy P. Greenhouse

Posted on July 21, 2014

The United States District Court for the District of Minnesota issued a decision on June 2, 2014, in a matter involving a water quality variance for an iron nugget production facility in Hoyt Lakes, Minnesota, owned by Mesabi Nugget Delaware, LLC.  WaterLegacy Advocacy v. U.S. E.P.A., — F.R.D. —, 2014 WL 2462852 (D. Minn. 2014). In 2012, MPCA approved granting a water quality variance to Mesabi Nugget as part of its renewed NPDES permit for Mesabi Nugget’s Large Scale Demonstration Plant in Hoyt Lakes, Minnesota, which processes wastewater from Mesabi Nugget’s commercial scale iron nugget production facility. The variance addressed discharges into Second Creek of the Partridge River Basin (St. Louis County Minnesota) and applied to Minnesota water quality standards for the Class 3C Industrial…

Categories: Bench & Bar, Environmental Policy, Hot Topics, Mining, Water

Tagged: Clean Water Act, Discharge, environment, environmental law, environmental policy, MCEA, Mesabi Nugget, Minnesota Center for Environmental Advocacy, Minnesota environmental law, Minnesota Pollution Control Agency, Minnesota water quality standards, NPDES, Variance, water quality, waterlegacy

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Good News! (and would love a nomination)

Jeremy P. Greenhouse

Posted on July 16, 2014

I learned today that Fire on the River! has been accepted by and added to the American Bar Association’s directory of legal blogs (“blawgs”). Here is the link directly to my blog.   Also–please forgive a bit of shameless self-promotion here–if you have enjoyed reading my blog and are so inclined, I would welcome a nomination for the ABA’s list of top 100 legal blawgs. Information on the nomination process can be found here.   Thanks!

Categories: Uncategorized

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Supreme Court Holds CERCLA Does Not Preempt Statutes of Repose

Jeremy P. Greenhouse

Posted on July 15, 2014

On June 9, 2014, the U.S. Supreme Court issued a decision holding that the Comprehensive Environmental Response and Liability Act (CERCLA) preempts only state statutes of limitation and not statutes of repose. CTS Corp. v. Waldburger, No. 13-339, — S.Ct. —- (2014). The case involved a landowner’s state-law nuisance action based on environmental harm allegedly caused by the prior landowner. The prior landowner argued that because it had last owned the property 24 years ago, the plaintiff’s claim was time-barred by North Carolina’s “statute of repose,” which provides that “no cause of action shall accrue more than 10 years after the last act or omission of the defendant giving rise to the cause of action.” N.C. Gen. Stat. sect. 1-52(16). The plaintiff countered that the…

Categories: Bench & Bar, Contaminated Property, Environmental Policy, Hot Topics, Supreme Court, Waste

Tagged: CERCLA, environment, environmental law, environmental policy, hazardous waste, statute of limitation, statutes of repose, superfund

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EPA’s Proposed Carbon Air Emission Standards for Existing Power Plants

Jeremy P. Greenhouse

Posted on July 8, 2014

Following on the heels of its January 8, 2014, publication of its revised proposed performance standards for carbon emissions from new power plants under section 111(b) of the Clean Air Act (see my previous blog post on these standards), the U.S. Environmental Protection Agency, on June 18, published its proposed carbon standards for existing coal- and gas-fired power plants under section 111(d) of the Act. 79 Fed. Reg. 34830 (June 18, 2014). Whereas the proposed standards for new power plants are, for now, largely theoretical–they would only apply in the future and their main target, new coal-fired power plants, are a dying breed–the proposed standards for existing plants, if passed, would pack a punch. Existing coal- and gas-fired power plants account for approximately 31 percent of anthropogenic greenhouse gas (GHG)…

Categories: Air, Bench & Bar, Climate, Environmental Policy, Hot Topics

Tagged: Carbon Dioxide, Clean Air Act, climate, climate change, emission standards, environmental law, epa, epa ruklemaking, greenhouse gases, Minnesota environmental law, Obama climate action

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Jeremy Greenhouse
Jeremy P. Greenhouse is a partner at the Minneapolis-based environmental law firm The Environmental Law Group, Ltd. Jeremy is also the founder, editor, and primary author of Fire on the River!

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