Client Alert: EPA Announces Risk Management Program Final Rule

By C. Max Zygmont and Leland P. Frost On March 11, 2024, the Environmental Protection Agency’s (EPA) Final Rule was published with revisions to Accidental Release Prevention Requirements: Risk Management Programs (RMP) Under the Clean Air Act (CAA); Safer Communities by Chemical Accident Prevention (SCCAP). The RMP Rule originates from Section 112(r) of the CAA…

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Client Alert: Georgia EPD’s New Draft Guidance for Construction Stormwater Permitting 

By Kimberley Hale, Jonathan Wells, and Kate Hopkins On November 7, 2023, the Georgia Department of Natural Resources, Environmental Protection Division (EPD) issued new draft guidance that will apply to construction stormwater variances issued to large projects disturbing more than fifty acres (see links below).  EPD is accepting comments on this guidance from now until…

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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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Law360 Article on Georgia Wastewater Treatment Permitting

On October 28, 2021, Law360 published an article written by three of our attorneys on a recent Northern District of Georgia ruling which has potential implications for wastewater treatment facilities in Georgia. The ruling involves a class action brought by citizens of the city of Rome and Floyd County, who contend that Dalton Utilities Inc.’s…

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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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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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