Category Archives: Articles

Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, et al.

On March 16, 2015, Des Moines Waterworks (“DMWW”) filed a Complaint in the Federal District Court for Northern Iowa against several drainage districts in Calhoun, Buena Vista and Sac counties. A total of ten separate counts were alleged. Counts I … Continue reading

Posted in Articles, IDNR News, Uncategorized, USEPA News | Leave a comment

Donald Trump and his Administration’s Environmental and Energy Policy

Now that we know we will have a Republican House, Senate, and President beginning in 2017, it is time to consider is what environmental and energy changes might take place during Donald Trump’s first term as President. I am neither supporting nor … Continue reading

Posted in Articles, Energy, USACE News, USEPA News | Tagged , , , , , | Leave a comment

Supreme Court puts the brakes on the EPA’s Power Plant MACT rule in Michigan v. EPA

The Clean Air Act that we know today was passed in 1970 during the Nixon administration. Since that time, the EPA has been hard at work passing regulations aimed at cleaning the nation’s air. Its efforts have been extremely successful. … Continue reading

Posted in Articles, Energy, USEPA News | Leave a comment

Wikileaks: Environmental Implications of the TPP

Despite the Administration’s best efforts to keep the details of the Trans-Pacific Partnership secret, Wikileaks obtained and published several sections of the document several months ago. Because it now appears that the TPP will likely get passed into law, it is … Continue reading

Posted in Articles, USEPA News | Leave a comment

Shipping chemical samples or small quantities? OSHA has a special plan for you.

Here is a really dumb rule. OSHA has a rule at 29 CFR § 1910.1200 that requires that all containers of hazardous chemicals comply with the “United Nations Globally Harmonized System of Classification and Labeling of Chemicals, Revision 3”, if that … Continue reading

Posted in Articles | Tagged , , , , | 1 Comment

The FCC tolls the death knell for the Internet as we know it – February 26, 2015

On February 26, 2015 the FCC voted to approve the Report and Order on Remand, Declaratory Ruling, and Order (FCC 15-24), also known as the “Open Internet Order.” The Order reclassifies the “internet” as a “telecommunications service and allows the FCC … Continue reading

Posted in Articles | Leave a comment

EPA Decides Coal Ash is Not a Hazardous Material.

Just before the Holidays the Environmental Protection Agency approved new rules governing the disposition of coal ash. EPA Director McCarthy called the new rules “pragmatic,” which is a bureaucratic code word meaning “I don’t like it, but I’m doing it anyway.” Environmental groups … Continue reading

Posted in Articles, Energy, USEPA News | Leave a comment

Iowa Supreme Court Approves the Sale of Electricity from Solar Power.

On July 11, 2014, the Iowa Supreme Court issued a long-awaited ruling holding that the “behind the meter” direct sale of electricity generated from solar power (photo voltaic) arrays and using a power purchase agreement that sold the electricity on a cents-per-kWh basis did … Continue reading

Posted in Articles, Energy | Tagged , , , | Leave a comment

Get a Phase I before you buy that commercial real estate

I am still amazed that many commercial developers and their attorneys do not understand that the federal law regarding superfund liability has undergone drastic changes. When looking at buying commercial development property I frequently hear them say that they would … Continue reading

Posted in Articles

American Taxpayer Relief Act of 2012 (Fiscal Cliff Bill) Extends Wind, Cellulosic Ethanol, E15, and Ethanol Equipment tax credits

American Taxpayer Relief Act of 2012, probably better described as the Fiscal Cliff Bill, extended several tax credit programs popular in Iowa and important to the continued development of alternative energy. Without congressional action, those tax credits would have expired … Continue reading

Posted in Articles, Energy