Posts Tagged ‘#news’
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…
Read MoreLaw360 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…
Read MoreGeorgia 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,…
Read MoreFourteen 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,…
Read MoreFederal Judge: SCOTUS “Functional Equivalence” Test Requires Hawaii County to Obtain CWA Permit
After nearly a decade of litigation between the County of Maui and environmental groups, a Hawaii district court has ruled that the County, as operator of a wastewater reclamation facility that injects a wastewater stream into groundwater via a well, must obtain a Clean Water Act (CWA) permit because of the effect the injected material…
Read MoreNationally 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…
Read MoreEPA 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…
Read More11th 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…
Read MoreKMCL 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…
Read MoreFourth Circuit Considers New Clean Water Act Functional Equivalence Test in Kinder Morgan Case
The much-discussed April 2020 Clean Water Act ruling in County of Maui v. Hawaii Wildlife Fund left open the critical question of how courts would apply the qualitative test set forth by the U.S. Supreme Court to determine whether, in the case of groundwater contamination that eventually impacts surface waters, the “functional equivalent” of a…
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