Posts by hjennings
EPA Partially Stays Enforcement of Final PIP (3:1) Rule under TSCA and Extends Comment Period for all PBT Rules Issued on January 6, 2021
Yesterday, EPA issued a “No Action Assurance” memorandum staying enforcement of a rule prohibiting the manufacturing, processing, and distribution of PIP (3:1), and gave notice that it is extending the comment period on final rules promulgated on January 6, 2021 regulating PIP (3:1) and four other PBTs. The extension will give affected parties additional time…
Read More11th Circuit Reverses Position on “Administrative Feasibility” Standard for Class Certification
Deepening a circuit split, a panel of the Eleventh Circuit held on Tuesday that “ascertainability” of class membership – in the sense that identification of class membership is “administratively feasible” – is not a threshold requisite to the successful maintenance of a putative class action. The court held that a Florida judge erred in dismissing…
Read MoreKMCL Represents State in Securing Georgia’s Water Future
KMCL is proud of its role in helping secure Georgia’s water supply future. Our outstanding team, Shelly Jacobs Ellerhorst and John Allen, played an instrumental part in this critical step forward for the State. We thank the Governor and the Attorney General for their continued confidence in us. To see the Attorney General’s press release…
Read MoreTracking Trump’s Midnight Regulations: Administrative Challenges Expected
In anticipation of inauguration day on January 20, 2021, the Trump Administration is racing to issue so-called midnight regulations. Midnight regulations have been used by many outgoing administrations just before leaving office to finalize policy priorities. The White House Office of Information and Regulatory Affairs has been reviewing dozens of regulations submitted since Election Day,…
Read MoreUpdated SEC Environmental Disclosure Requirements Take Effect November 9, 2020
On August 26, 2020, the Securities and Exchange Commission (SEC) finalized amendments to Regulation S-K, changing disclosure rules for environmental reporting. The amendments are the first update to Regulation S-K in over 30 years and will become effective Monday, November 9, 2020. The amendments will change the $100,000 trigger for disclosure of actual or potential…
Read MoreTwelve KMCL Lawyers Included in 2021 Edition of The Best Lawyers in America©
Kazmarek Mowrey Cloud Laseter LLP is proud to announce that twelve of our seventeen lawyers were recently selected by their peers for inclusion in The Best Lawyers in America© 2021. In addition, we are pleased to announce that David Meezan has been named the Best Lawyers® 2021 Environmental Law “Lawyer of the Year” in Atlanta,…
Read MoreKMCL LAW RANKED IN 2021 “BEST LAW FIRMS”
Kazmarek Mowrey Cloud Laseter LLP (KMCL Law) has been ranked for the eleventh consecutive year in the annual U.S. News – Best Lawyers® “Best Law Firms” list. The firm received a national Tier 1 ranking in two practice areas, as well as tiered regional rankings in five practice areas. In all, KMCL received tiered rankings for environmental…
Read MoreAmendments to NEPA Regulations Finalized
On July 15, 2020, the White House Council on Environmental Quality (CEQ) issued long-anticipated amendments to the National Environmental Policy Act (NEPA) regulations in a final rule. NEPA is a bedrock environmental statute which requires federal agencies to conduct environmental review and impact assessment before engaging in major actions such as infrastructure, energy extraction, and…
Read MoreFourth Circuit Considers New Clean Water Act Functional Equivalence Test in Kinder Morgan Case
The much-discussed April 2020 Clean Water Act ruling in County of Maui v. Hawaii Wildlife Fund left open the critical question of how courts would apply the qualitative test set forth by the U.S. Supreme Court to determine whether, in the case of groundwater contamination that eventually impacts surface waters, the “functional equivalent” of a…
Read MoreEPA To End COVID-19 Enforcement Discretion Policy
On June 30, 2020, the Environmental Protection Agency (EPA) announced that it plans to terminate its controversial COVID-19 Enforcement Discretion Policy (Policy) on August 31, 2020. The temporary Policy allowed EPA to exercise case-by-case enforcement discretion for environmental legal obligations during the COVID-19 public health emergency. The Agency cites public health response and economic recovery…
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