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EPA's Coal Ash Rule Effective Today

Client Alert | 1 min read | 10.19.15

Today marks the effective date for EPA's rule governing the disposal of coal combustion residuals ("CCR," also known as "coal ash") generated as a by-product of coal-fired electricity generation. Under Subtitle D of the Resource Conservation and Recovery Act, the CCR Rule for the first time places enforcement authority primarily in the hands of citizens, who may access compliance information online in accordance with EPA's Next Generation (NextGen) compliance initiative. Although many of the Rule's requirements have future compliance deadlines, today owners or operators of CCR landfills and surface impoundments must finalize their fugitive dust control plans, begin weekly inspections, initiate monthly monitoring of surface impoundment instruments, conduct required recordkeeping, provide required notifications to state or tribal authorities, and establish their publicly accessible websites in accordance with 40 C.F.R. §§ 257.80, 257.83, 257.84, and 257.05-257.07.

Corporate counsel who wish to learn more about the CCR Rule and its enforcement and litigation risks can review our "10 Key Points" on the Rule by clicking here.

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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...

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