Morgan Lewis on Environmental News
December 2004

In this Issue:

• Election Implications:
  After billions of dollars of campaign expenditures and 115 million ballots cast, in the end it came down to fewer than 150,000 votes in Ohio – not a large number, but one just out of the Kerry campaign’s reach. The hoopla is now over and our government still functions. It is time for us to assess the results – more specifically, what effect the outcome of the election might have on the environmental protection regulatory programs.
• Clean Air Act:
  EPA Issues Final Rule Governing Hazardous Air Pollutants (HAPs) from Certain Boilers and Process Heaters. The rule, published on September 13, establishes national emission standards to reduce HAP emissions from thousands of industrial, commercial, and institutional boilers and process heaters located at major HAP sources. The rule regulates boilers and process heaters at a wide range of facilities if they combust specified fuels and are above certain threshold capacities, and imposes emission limits on certain units reflecting maximum achievable control technology (MACT).
• Superfund:
  Supreme Court Eliminates Contribution Cause of Action for Voluntary or State-Ordered Cleanups Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
• State Law Developments
• Special Insert:
  EPA's Proposed "All Appropriate Inquiries" Rule Imposes New Duties on Environmental Professionals and Their Clients

For the full story, please view the PDF.