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Issue No. 3

Feb. 2010

Welcome to the third issue of Cardno ENTRIX Excursus. Two recent actions - one by the SEC and the other by the Supreme Court may have significant impact for our clients' businesses. Additionally, you or your clients might want to be aware of the EPA comment period for a change in PRGs for cleanup of dioxins in soils. Please let us know if we can provide you with any additional information on any of these recent developments and how they might impact your clients or your business.

SEC Issues Guidance on Disclosure Related to Climate Change

On January 27th, the SEC issued a ruling "to provide public companies with interpretive guidance on existing SEC disclosure requirements as they apply to business or legal developments relating to the issue of climate change." The "interpretive guidance" (which was issued on a party line 3-2 vote) does not make any assertions about climate change or its impact on the environment. According to SEC Chairman Mary Schapiro "We are not opining on whether the world's climate is changing, at what pace it might be changing, or due to what causes. Nothing that the Commission does today should be construed as weighing in on those topics...Today's guidance will help to ensure that our disclosure rules are consistently applied." (more)

Supreme Court Declines to Hear FERC Backstop Appeal

On January 19th, the Supreme Court declined, without comment, to hear an appeal of a 4th Circuit Court decision that refutes FERCs ability to override state transmission line decisions. The 4th Circuit decision does not remove all of FERC's backstop siting authority, but it affirms that when states deny an application it is not the equivalent of "withholding approval" (the condition under which FERC may step in). In other words, FERC can step in if a state fails to act, but it cannot override a state's denial of an application. (more)

Public Comment Period Open for EPA Draft Interim PRGs for Dioxins in Soil

On January 7th, the EPA opened the 50-day public comment period on draft interim preliminary remediation goals (PRGs) for cleanup of dioxins in soil. Currently, EPA's recommended dioxin PRGs are 1,000 part per trillion (ppt) for dioxin in residential soil and a level within the range of 5,000-20,000 ppt in commercial/industrial soil. The draft interim PRGs proposed today are 72 ppt for residential land uses and 950 ppt for commercial/industrial land uses. The new guidelines also include consideration of the potential absorption of dioxin through skin exposure. The EPA anticipates issuing the final interim PRGs in June 2010. Information on the draft recommended interim PRGs and how to comment is available at the EPA website.

About Our Firm

Cardno ENTRIX is an environmental and natural resources management consulting firm specializing in water resources management, environmental and natural resource liability management, natural resource management, and facility permitting and compliance. We focus on delivering sustainable solutions through a full range of environmental and natural resource management consulting services. Our staff includes experts in environmental sciences, geosciences, natural resource economists, and engineering.

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