On March 3, 2017, BNSF Railway entered into a proposed consent decree with multiple environmental groups, led by the Sierra Club. BNSF agreed to clean up what it characterized as “coal pollution” along its tracks in Washington, fund $1 million in additional environmental work, and study the feasibility of covering its railcars. In exchange, the environmental groups agreed to drop their suit. The agreement allowed BNSF to avoid potentially billions of dollars in penalties, but an earlier ruling in the case set the stage for similar suits to be brought across the country. BNSF may have won its battle, but did it and other railroads lose the war?

Continue Reading Run-Away Liability and the BNSF Ruling

On December 19, 2014, the U.S. Environmental Protection Agency (EPA) issued a 745-page prepublication version of its final rule governing the landfill and surface impoundment management of coal combustion residuals (CCR) from coal-fired power plants. The rule is to become effective six months from the date of its publication in the Federal Register (expected to occur by the end of the year). Important features of the rule include the following:
Continue Reading EPA Regulates Coal Combustion Residuals from Coal-Fired Power Plants as Subtitle D Solid Waste