►   U.S. Supreme Court Denies Review of Takings Case.     In our December 2010 newsletter we noted CRV Enterprises v. U.S., No. 2009-5100, 2010 WL 4629049 (Fed. Cir. Nov. 17, 2010) held that the government did not have to compensate riparian property owners for closing the adjacent channel to boat traffic. The court held the closing was not a taking under the Fifth Amendment of the Constitution because although it restricted the property owners’ use of the channel, access to the channel from shore was not affected. On March 16, 2011, the U.S. Supreme Court denied CRV’s request for review of the lower court’s decision. . . .

►   House Passes Permit Exemption for Pesticide Application.     In our March newsletter, we wrote about H.R. 872, a house bill that would amend two environmental laws so that pesticide applicators would not have to obtain a Clean Water Act (CWA) permit in certain cases. (see related update below). On March 31, the bill passed the house by a vote of 293-130, and it is now before the Senate’s Committee on Agriculture, Nutrition, and Forestry. . . .

►   U.S.EPA requests extension on NPDES general pesticide permit; California moves ahead.     In our April, June, and September 2010 newsletters, we discussed the evolution of a permit exception for pesticide application. In 2005, U.S.EPA excepted pesticide applicators from the requirement to obtain a Clean Water Act (CWA) permit, as long as the application complied with the pesticide label. That exception was expected to be removed next month because of a 2009 federal court decision. A pesticide general permit was to be finalized by April 9, 2011. However, on March 3, 2011, U.S.EPA requested a six-month extension to October 31, 2011, to allow for Endangered Species Act consultation and to streamline the electronic system for requesting coverage under the permit. . . .

►   U.S.EPA’s school siting guidelines – comments due soon.     U.S.EPA has issued draft voluntary guidance, which encourages local school districts to include environmental considerations as part of the school site selection process. The guidelines are meant to support a healthy and safe environment for children and decrease environmental impacts through efficient energy use and transportation. The last day to submit comments on U.S.EPA’s draft is February 18, 2011. . . .

►   Possible new drinking water regulations for perchlorate, VOCs.     On February 2, 2011, U.S.EPA announced that it plans to propose two new significant drinking water regulations under the Safe Drinking Water Act (SDWA). The first regulation may restrict the amount of perchlorate that may be contained in drinking water. The second may have the same effect for up to sixteen volatile organic compounds (VOCs), including trichloroethylene (TCE) and perchloroethylene (PCE). . . .

►   Indiana and Vermont landfill ban for E-Waste – effective January 1, 2011.     With the New Year came a new restriction on the disposal of electronic waste (e-waste, including computers, keyboards, tvs, dvd players, and the like) in Indiana and Vermont. Households, schools, and small businesses in these states may no longer throw their e-waste away with the trash. Instead, this waste must be taken to a pre-approved collector – including retail outlets such as Office Depot, Best Buy, and others. . . .