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The Horinko Group's Newsletter: Sustainabulletin

Third Quarter 2015 — In this quarter's bulletin...

leafUnited States–Canada Regulatory Cooperation Council Roundtables

Midwest Environmental Compliance Conference

Featured Column: Federal Court Limits Application of RCRA Citizen Suit Bar and Expands RCRA Definition of “Solid Waste”


spacerUnited States–Canada Regulatory Cooperation Council Roundtables
September 17, 2015 | Washington, DC | September 22, 2015 | Toronto, Ontario

The U.S. Environmental Protection Agency and Environment Canada/Health Canada are working together under the next phase of the Regulatory Cooperation Council (RCC).  The goal of RCC generally is to increase regulatory transparency and coordination between the two countries.  RCC will have as one of its areas of focus a comparison and alignment of U.S. EPA’s Significant New Use Rule (SNUR) and Canada’s Significant New Activity (SNAc) programs.

In an effort to compare the SNUR and SNAc programs and identify and facilitate areas of compliance promotion and transparency, The Horinko Group, on behalf of U.S. EPA and in collaboration with EC/HC, convened stakeholders throughout the supply chain and facilitated two roundtable discussions focused on opportunities to enhance supply chain chemical communication and improve SNUR/SNAc compliance.

One roundtable was held on September 17, 2015, in Washington, DC, and the other on September 22, 2015, in Toronto, Canada.  Each roundtable focused on its respective regulatory framework, and a final proceeding report (to be released soon) will summarize the discussions and include recommendations for more consistent and effective approaches to SNUR/SNAc compliance promotion activities.

To view the background report for the roundtables, visit:

To view more roundtable resources, visit:

spacerMidwest Environmental Compliance Conference
October 29-30, 2015 | Chicago, IL | Register

Description: Marianne Horinko

Marianne Horinko

Marianne Horinko, President, The Horinko Group, will be delivering keynote address at the Midwest Environmental Compliance Conference, held from October 29-30, 2015.  Her session, “Hot Topics in Remediation and Waste Materials Management” on October 30, will cover the past year’s extraordinary trends in the world of remediation (Superfund, brownfields, and RCRA corrective action) and waste management (coal ash, definition of solid waste, financial assurances, and sustainable materials management) and provide insights on the future impacts of those developments.

The Conference is hosted by the six manufacturing associations in Region 5 and will feature presentations from EPA headquarters, EPA Region 5, and top officials from each of the region’s six state agencies.

To view the full conference agenda, visit:

To register for the conference, visit:

spacerRecognizing the Women’s Council on Energy and the Environment

Description: Women's Council on Energy and the Environment (WCEE)

The Women’s Council on Energy and the Environment (WCEE) is a non-partisan, policy-neutral professional organization focusing on women, energy, and the environment based in Washington, DC.  WCEE hosts luncheons, speaker events, receptions, and networking opportunities of all kinds throughout the year, bringing together members across the energy and environmental fields to exchange thoughtful dialogue and foster personal and professional growth.  The Horinko Group is a long time supporter of WCEE’s important efforts.

The August 2015 edition of WCEE’s newsletter, The Current, featured articles authored and co-authored by Cathryn Courtin, Program Manager, The Horinko Group. The first article authored by Ms. Courtin, “Sacred Cow Gets Controversial Closer Look: Energy Efficiency,” discusses recent research questioning the efficacy of energy efficiency standards.  A second article, “Media Perspective: What Will Presidential Candidates Bring To the Table?” co-authored by Ms. Courtin and Pat Courtney Strong, President, Courtney Strong Inc., looks at energy and environmental issues in the 2016 presidential campaign and election based on perspectives given by journalists for the New York Times and the Alaska Dispatch at a WCEE event in April 2015.

To learn more about WCEE, visit:

To read The Current visit:

spacerRevitalizing the Brownfields Revitalization & Environmental Restoration Act

Description: Women's Council on Energy and the Environment (WCEE)

The Virginia Environmental Law Journal recently published an article by William R. Weissman and J. Michael Sowinski, Jr. (33 Va. Envtl. L.J. 257 (2015)), titled “Revitalizing the Brownfields Revitalization and Environmental Restoration Act: Harmonizing the Liability Defense Language to Achieve Brownfield Restoration.” The article examines the context and legislative intent of the Brownfields Amendments to demonstrate how certain key aspects of the Amendments can and should be interpreted by courts to protect innocent brownfield purchasers from CERCLA liability and how some courts may be getting it wrong.

To read a primer of the article, visit:

To read the full article, visit:


THG Welcomes Senior Advisors to Extended Team

The Horinko Group is pleased to welcome three new senior advisors to our extended team, strengthening our firm’s cross-cutting capabilities in energy, water, green infrastructure, resource planning, and environmental law.

Description: Emily Hammond

Emily Hammond

Emily Hammond, Associate Dean for Faculty Engagement and Professor of Law at The George Washington University Law School joins THG as Senior Advisor for Energy/Electricity, Water Quality/Use, and Regulatory Decisionmaking. Ms. Hammond is a nationally recognized expert in energy law, environmental law, and administrative law and as a former environmental engineer brings technical fluency to cutting-edge issues at the intersection of law, science, and policy.
To read Ms. Hammond’s full bio, visit:

Description: Seth Brown

Seth Brown

Seth Brown is Principal and Founder of Storm and Stream Solutions, LLC, a consulting firm providing a range of services from policy and infrastructure finance analysis in the stormwater sector to the development and delivery of technical and policy-related training focused on stormwater topics. Mr. Brown joins THG as Senior Advisor for Stormwater/Green Infrastructure, Public-Private Partnerships, & Economics.
To read Mr. Brown's full bio, visit:

Description: James Hill

James Hill

James Hill, Principal, JM Hill Consulting has over thirty years of federal public service with the U.S. Army Corps of Engineer as a professional water resources planner and operational manager. Recently retired from the Corps, Mr. Hill has long been recognized as a national expert in operational master planning within the Corps. Jim serves as THG’s Senior Advisor on Water Resources Planning and Development.
To read Mr. Hill’s full bio, visit:



Federal Court Limits Application of RCRA Citizen Suit Bar and Expands RCRA Definition of “Solid Waste” (EXCERPT)

Description: Ralph H. Palumbo

Ralph H. Palumbo

By: Ralph H. Palumbo, Partner, Summit Law Group PLLC

The federal District Court’s recent decision in Care v. Cow Palace, LLC drastically enlarges the scope of RCRA citizen suits and expands the definition of “solid waste” to include products which have useful purposes if any residue from those products may be discharged into the environment.  The court’s decision, if followed by other federal courts, will create additional regulatory burdens on agricultural and other industries without resulting in commensurate benefits to the environment or public health.