And the Dance Continues: New Proposed WOTUS Rule

On Tuesday the U.S. EPA’s and U.S. Army Corps’ (“Agencies”) proposed revised definition of Waters of the United States (WOTUS) was published in the Federal Register, triggering a 60-day public comment period that concludes on February 7, 2022. The Agencies have also scheduled several virtual public hearings in January 2022. This proposed rule is the…

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Georgia EPD Tests PFAS Levels in Coosa and Tennessee Basins

Per- and polyfluoroalkyl substances (PFAS) are a group of manufactured chemicals used in industrial and consumer products since the 1940s because they are resistant to heat, water, and oil. They break down very slowly; accumulate in humans, animals, and the environment; and have been linked to harmful health effects. Of the thousands of different PFAS,…

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New Phase I ESA Standard Coming Soon

Highly anticipated changes are coming to the standard practice for conducting Phase I Environmental Site Assessments (“ESAs”).  ASTM E1527-13, originally approved on November 6th, 2013, is fast approaching eight years of approval.  According to ASTM International, if a standard has not received a new approval date by December 31 of the eighth year since the…

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Fourteen KMCL Lawyers Included in 2022 Edition of The Best Lawyers in America© and The Best Lawyers® in America: Ones to Watch

Kazmarek Mowrey Cloud Laseter LLP is proud to announce that fourteen of our nineteen lawyers were recently selected by their peers for inclusion in The Best Lawyers in America© 2022.  In addition, we are pleased to announce that Alan Truitt has been named the Best Lawyers® 2022 Energy Law “Lawyer of the Year” in Birmingham,…

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Nationally Recognized Environmental Firm Expands Partnership: Attracts Prominent Former Troutman, Pepper Partner and Elevates Two Lawyers to Partnership Positions.

Kazmarek Mowrey Cloud Laseter LLP (KMCL), a nationally recognized law firm focused on environmental and energy law, announced today that prominent environmental attorney Greg Blount, formerly a partner at Troutman Pepper, has joined the firm as a Partner in the firm’s Atlanta office. The Firm also announced that two of its outstanding existing lawyers, Shelly…

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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…

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11th 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…

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KMCL 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…

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Tracking 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,…

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