Opportunity to Comment on the Agencies’ Renewed Attempt to Define the Scope of WOTUS

On Friday the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army announced an intention to engage with stakeholders and receive public input before taking administrative action to define the scope of “waters of the U.S.” (“WOTUS”) under the Clean Water Act. The agencies are specifically seeking input on three key features of…

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KMCL Announces New Counsel

KMCL is pleased to announce that Helen Barnes and Kate Hopkins have been promoted to Counsel, effective January 1, 2025. This milestone is a reflection of Helen’s and Kate’s extraordinary work, dedication to clients, and commitment to the exceptional practice of law. KMCL is proud to elevate Helen and Kate, and we look forward to…

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Pitfalls of PFAS

At the recent EMLF Fall Symposium in Lexington, Kentucky, Jennifer Simon discussed the significance of identifying where PFAS is used in energy operations and the legal complexities surrounding PFAS identification and regulation. Like with many industries, PFAS may not immediately come to mind in the context of energy production, but these chemicals nevertheless play unexpected…

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Leland Frost to Moderate Panel at the American Bar Association’s Section of Environment, Energy, and Resources’ 32nd Fall Conference

On October 25, 2024, Leland Frost will moderate the below panel at the American Bar Association’s Section of Environment, Energy, and Resources’ 32nd Fall Conference. Something Borrowed, Something Blue: Contaminants Old and New Although PFAS is the elephant in the “new” contaminants room, recent and pending regulatory actions address a wide variety of newer contaminants…

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Client Alert: Requirements for PFAS Analysis in Phase I Environmental Site Assessments

Written by Chris J. Williams & Leland P. Frost Owners and operators of property contaminated by hazardous substances as defined and designated by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) are subject to strict and joint liability, even if they did not cause or contribute to the contamination. That is, unless…

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KMCL Welcomes Evan Ward as Associate

KMCL is pleased to announce the addition of more top talent to our ranks. Our newest member, Evan A. Ward, joined the firm as an associate in our Birmingham office today. Evan previously clerked for the Hon. Andrew Brasher for the U.S. Court of Appeals for the Eleventh Circuit. Before clerking, Evan practiced environmental law and…

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Greg Blount and Kate Hopkins to Present at Georgia Safety Conference

On September 6, 2024, KMCL Partner Greg Blount and KMCL Senior Associate Kate Hopkins will present at the Georgia Safety Conference. The Georgia Safety Conference is a non-profit group of multi-disciplinary professionals who gather annually to share information and experiences with the goal of improving workplace safety, health, and environmental programs and processes. At this…

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Environment, Energy, and Resources Law: The Year in Review

Last month, the American Bar Association’s Environment, Energy, and Resources Law Section published its Year in Review Annual Report for Enforcement and Litigation, which was coauthored by KMCL attorneys Leland Frost and Jack Devine. The report summarizes significant legal developments in the areas of PFAS regulation and litigation, constitutional law, and EPA’s enforcement priorities, as…

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Client Alert: EPA Announces Risk Management Program Final Rule

By C. Max Zygmont and Leland P. Frost On March 11, 2024, the Environmental Protection Agency’s (EPA) Final Rule was published with revisions to Accidental Release Prevention Requirements: Risk Management Programs (RMP) Under the Clean Air Act (CAA); Safer Communities by Chemical Accident Prevention (SCCAP). The RMP Rule originates from Section 112(r) of the CAA…

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KMCL Welcomes Chris Williams as Partner

KMCL is pleased to announce the addition of more top talent to our ranks—our newest member, Chris Williams, joined the firm as a Partner in our Birmingham office today. Chris comes to us from a major law firm where he focused his practice on environmental litigation, regulatory compliance, and environmental issues in business transactions. Chris…

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