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Client Alert Newsletter

May 2009

Manko, Gold, Katcher & Fox LLP, an environmental and energy law practice, regularly publishes our Client Alert newsletter to help our clients and friends stay on top of environmental issues that may affect their businesses. Client Alert focuses on hot regulatory issues, recent court and agency decisions, current environmental legislation and technical information. Please contact Nicole Moshang or Meredith DuBarry Huston at Manko, Gold, Katcher & Fox LLP for more information on any of the topics covered in Client Alert or with editorial suggestions.

For a composite PDF document of this issue, click here.

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In This Issue:

EPA to Reconsider North Carolina Petition to Curb Air Pollution from Upwind States

EPA Announces Air Toxics Monitoring Near Schools

EPA Proposes to Delay Effective Date for New Source Review Aggregation Rule

EPA Proposes Standards for Internal Combustion Engines

Boiler MACT Update: PADEP to Implement "MACT Hammer" for Industrial, Commercial and Institutional Boilers and Process Heaters

EPA Issues Proposed "Endangerment Finding" for GHGs

EPA Opens Comment Period for GHG Reporting Rule

NJDEP Proposes Greenhouse Gas Monitoring and Reporting Program

New Jersey Proposes Global Warming Solutions Fund Act Rules for Financial Assistance Programs

PA Climate Change Advisory Committee and PADEP Move Forward on Act 70 Work

Congressional Committees Work to Develop Chemical Security Bill Before Rules Expire

NJDEP Re-Adopts TCPA Program Rule with Amendments

EPA Issues Proposed "Endangerment Finding" for GHGs

EPA Opens Comment Period for GHG Reporting Rule

NJDEP Proposes Greenhouse Gas Monitoring and Reporting Program

New Jersey Proposes Global Warming Solutions Fund Act Rules for Financial Assistance Programs

New Jersey Advances Three Renewable Energy Bills, Including Retail Margin Program for Combined Heat and Power Systems

Strategies Emerge to Allow New Jersey to Meet Energy Master Plan's Energy Efficiency Goals

PA Climate Change Advisory Committee and PADEP Move Forward on Act 70 Work

"Green" or Energy Efficient Building Codes May Be on the Horizon

U.S. Supreme Court Issues Landmark Decision Under Federal Superfund Law

Court Says Offer to Pay for Liability Waiver Does Not Satisfy Notification Requirement

Court Limits Applicability of "Imminent and Substantial Endangerment" Under RCRA

Failure to Timely Appeal NJDEP Administrative Orders Provides for Harsh Consequences

District Court Finds EPA's Involvement in Cleanup Unnecessary to Deem Settlement between State and Private Party "Judicially Approved"

U.S. Supreme Court Recognizes EPA Authority to Consider Costs and Benefits in Setting Cooling Water Intake Structure Standards

NJ Court Rejects NJDEP's Use of Dispute Resolution Process to Avoid Statutory and Regulatory Requirements

"Green" or Energy Efficient Building Codes May Be on the Horizon

EPA Clean and Green Remediation Policy

NJ Site Remediation Reform Legislation Becomes Law Accompanied by Executive Order

EPA Issues Proposed "Endangerment Finding" for GHGs

EPA Opens Comment Period for GHG Reporting Rule

NJDEP Proposes Greenhouse Gas Monitoring and Reporting Program

NAIC Adopts Climate Risk Disclosure Requirement for Insurers

New Jersey Proposes Global Warming Solutions Fund Act Rules for Financial Assistance Programs

New Jersey Advances Three Renewable Energy Bills, Including Retail Margin Program for Combined Heat and Power Systems

Strategies Emerge to Allow New Jersey to Meet Energy Master Plan's Energy Efficiency Goals

PA Climate Change Advisory Committee and PADEP Move Forward on Act 70 Work

"Green" or Energy Efficient Building Codes May Be on the Horizon

MGKF Joins Greater Philadelphia Green Business Program

Court Limits Applicability of "Imminent and Substantial Endangerment" Under RCRA

Coal Ash Proposed Rules Expected by Year's End

Pennsylvania's Consolidation of the Municipal and Residual Waste Regulations is Moving Forward

U.S. Supreme Court Recognizes EPA Authority to Consider Costs and Benefits in Setting Cooling Water Intake Structure Standards

NPDES Discharge Monitoring Reports May Soon Be Filed Electronically

NJDEP Proposes to Set MCL for Perchlorate

EPA Waives ARRA's "Buy American" Requirement for Certain Water Projects

PADEP to Adopt New TDS Regulations

President Obama Moves to Update Review Process for EPA Rules

EPA Halts Performance Track Program