We are pleased to present you with Tafts Environmental newsletter, a collection of insights from our team to yours. For more information on our environmental practice, please visit www.taftlaw.com.

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Renewable Energy and Natural Gas to Make Up Most of 2018 Electric Capacity Additions
By: Michael Mentel

According to the U.S. Energy Information Administration, the EIA expects nearly 32 gigawatts (GW) of new electric generating capacity to come online in the U.S. in 2018. This is more than any other year in the past decade. Of that, renewables such as solar, wind, and biomass energy accounted for 98% of the two GW added so far this year.

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D.C. Circuit Affirms Regional Circuit Interpretations of Clean Air Act Only Bind EPA in That Regional Circuit
By: Jeffrey Stemerick

On June 8, 2018, in National Environmental Development Association’s Clean Air Project v. Environmental Protection Agency,___ F.3d.___, No. 16-1344, No. 2018 WL 2749179 (D.C. Cir. June 8, 2018), the D.C. Circuit upheld a revised EPA regulation that permits the EPA to follow regional circuit interpretations of the Clean Air Act only within the territory covered by that regional circuit. Under the revised rules, the EPA is only required to give nationwide effect to cases decided by the D.C. Circuit or the United States Supreme Court.

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Washington Federal Court Rules Site Characterization Costs Under Consent Agreement Are Not Defense Costs
By: Kimberly Lewis

In Travelers Indemnity Co. v. City of Richland, No. 4:17-CV-5200, Dkt. 27 (E.D. Wash. May 30, 2018), the City entered into an Agreed Order with the Washington Department of Ecology where it agreed to undertake a Remedial Investigation/Feasibility Study to delineate the contamination emanating from its municipal landfill and assess potential remediation strategies.

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Texas Finds Individual Liable for Corporate Environmental Violations
By: Frank Deveau

For the first time, the Texas Supreme Court has ruled that a corporate officer can be held personally liable for civil penalties for environmental violations. State v. Morello, ___ S.W.3d ___, No. 16-0457, 2018 WL 1025685 (Tex. Feb. 23, 2018). Even for corporate officers, the Texas Supreme Court held that “an individual cannot use the corporate form as a shield when he or she has personally participated in the prohibited conduct that violates the statute.” Id. at *5.

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We encourage you to visit our Environmental Law LinkedIn Showcase page, where additional articles are published.
Tafts Environmental Law Newsletter is used to inform our clients and friends of significant new developments and current issues in environmental law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.

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