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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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…

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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…

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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…

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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…

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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…

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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…

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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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On March 26, 2020, the Environmental Protection Agency (EPA) issued guidance addressing a range of issues related to environmental enforcement and compliance arising from the COVID-19 pandemic. The guidance addresses situations where EPA may apply enforcement discretion to pandemic-related non-compliance. EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing,…

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American College of Environmental Lawyers (ACOEL) blog on birds…February 5, 2020 Recently two of our attorneys, Richard Horder and Jacqueline Eisermann, wrote an article for the American College of Environmental Lawyers (ACOEL). ACOEL is known for featuring articles written by prominent environmental lawyers from around the country on its website every month. Our article covers…

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