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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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 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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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…

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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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