Announcement
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 âNo Action Assuranceâ 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 âAdministrative Feasibilityâ Standard for Class Certification
Deepening a circuit split, a panel of the Eleventh Circuit held on Tuesday that âascertainabilityâ of class membership â in the sense that identification of class membership is âadministratively feasibleâ â 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 Georgiaâs Water Future
KMCL is proud of its role in helping secure Georgiaâs 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 Generalâs press release…
Read MoreTracking Trumpâs 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 MoreKMCL LAW RANKED IN 2021 âBEST LAW FIRMSâ
Kazmarek Mowrey Cloud Laseter LLP (KMCL Law) has been ranked for the eleventh consecutive year in the annual U.S. News â Best LawyersŸ âBest Law Firmsâ 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 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 EPAâs 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 plaintiffsâ 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 (âNWPRâ) to define âwaters of the United Statesâ (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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