Posts by lkerrigan
Updated 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…
Read MoreSCOTUS Holds Clean Water Act Permits Required for Some Releases to Groundwater
In a highly anticipated decision yesterday, the Supreme Court announced on a 6-3 basis that Clean Water Act permits are required under certain circumstances for point source pollutants that reach jurisdictional waters through groundwater. On the critical question of which circumstances, the Court announced a fact-dependent, qualitative test: a CWA permit is required for point…
Read MoreSCOTUS Holds Superfund Does Not Preempt State Law Claims, but Precludes State Court Challenges to EPA’s Remediation Decisions
The Supreme Court held on April 20, 2020, in a broad consensus decision, that landowners affected by a Superfund site can sue under state law for damages to their properties, but those damages may not include the cost to restore the plaintiffs’ properties based on their preferred cleanup remedy if that remedy is not approved…
Read MoreNew WOTUS Rule to Take Effect June 22, 2020
The final Navigable Waters Protection Rule (“NWPR”) to define “waters of the United States” (WOTUS) issued by the U.S. Environmental Protection Agency and the U.S. Army Corps will be published in the Federal Register on April 21, 2020. The Rule will take effect on June 22, 2020. Once effective, it replaces the rule the agencies…
Read MoreCOVID-19 Impacts on State-Level Environmental Enforcement and Compliance
Due to the public health crisis presented by COVID-19, new guidance, advisories, orders, and exemptions are issued by state and local governments on a daily basis. The wide variety of responses has left many businesses, including responsible parties and their environmental consultants, wondering how these actions impact their obligation to conduct environmental remediation and related…
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