Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: DEQ

Hazardous Waste Transporters Beware !

Posted in Environmental Quality
The Oregon Supreme Court upheld a penalty assessed against a hazardous waste Transporter for failure to manifest hazardous waste regardless of whether it reasonably relied on a determination by the generator that the waste was not hazardous. This ruling suggests an affirmative duty on transporters to make their own determinations. By way of background, the… Continue Reading

Can We Please Talk About Outcomes for a Change???

Posted in EPA, Water Law
I get it that environmental groups place strict compliance with regulatory controls at a premium.  After all, the standards are designed to be protective of the resource, and they are The Law, which must be obeyed. But I sometimes find it dismaying when people conflate immediate, measured and guaranteed compliance with ecological outcomes.  They are… Continue Reading

Maximizing the Benefit of Appropriate Inquiry: CERCLA & Prospective Purchaser Considerations

Posted in CERCLA, Environmental Quality, Land Use
By: Larry Burke, Davis Wright Tremaine & John Foxwell, R.G., Ash Creek Associates As mentioned in Cheyenne Chapman’s Oregon State Bar Environmental and Natural Resources Section  E-Outlook article earlier this year (2012, Issue No. 3), Prospective Purchaser Agreements (“PPAs”) are an innovative approach to address barriers to the cleanup and redevelopment of contaminated sites. According to… Continue Reading

Oregon Clarifies Authority of the DEQ to Release Brownfield Purchasers from Liability

Posted in Environmental Quality, Northwest
Oregon House Bill 3325 provides the Department of Environmental Quality (DEQ) a mechanism to give potential purchasers a higher level of certainty regarding potential environmental liability.  This legislation clarifies DEQ’s authority to provide a prospective property owner with a release from liability for existing spills or releases of oil and other hazardous substances and for… Continue Reading

Oregon Stormwater Permits Corrected

Posted in Northwest, Water Law
The general stormwater permits applicable to industrial sites near the Columbia Slough and elsewhere in Oregon were issued with numerous errors and omissions last year.  DEQ has corrected the errors relating to sampling and reporting requirements and reissued the general permits. If these permits apply to you then you will want to check the changes… Continue Reading

Oregon Temperature Water Quality Standards Upheld (Sort of)

Posted in Northwest, Water Law
In a 50 page opinion issued February 28, Federal Magistrate Judge Acosta handed EPA and the Oregon Department of Environmental Quality (DEQ) a partial victory in Northwest Environmental Advocates v. EPA et al. The decision upheld EPA’s approval under the federal Clean Water Act of the Oregon DEQ’s numeric temperature water quality standards, while rejecting… Continue Reading