Posts Tagged ‘News’
Opportunity to Comment on the Agenciesâ Renewed Attempt to Define the Scope of WOTUS
On Friday the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army announced an intention to engage with stakeholders and receive public input before taking administrative action to define the scope of “waters of the U.S.” (“WOTUS”) under the Clean Water Act. The agencies are specifically seeking input on three key features of…
Read MoreClient Alert: EPA Announces Risk Management Program Final Rule
By C. Max Zygmont and Leland P. Frost On March 11, 2024, the Environmental Protection Agencyâs (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…
Read MoreGovernor Kemp Praises KMCL Attorneysâ Work in ACF Basin Lawsuit
Governor Kemp of Georgia and Governor Ivey of Alabama announced an agreement expected to end a lawsuit brought by Alabama challenging the U.S. Army Corpsâ decision to allow Georgia to withdraw water from Lake Lanier and the Chattahoochee River to supply water for at least 5.5 million Georgians living in Metro Atlanta. Said Governor Kemp:…
Read MoreClient Alert: Georgia EPDâs New Draft Guidance for Construction Stormwater PermittingÂ
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On November 7, 2023, the Georgia Department of Natural Resources, Environmental Protection Division (EPD) issued new draft guidance that will apply to construction stormwater variances issued to large projects disturbing more than fifty acres (see links below).⯠EPD is accepting comments on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…
Read MoreEPA Announces Federal Enforcement Priorities for 2024â2027
In August, the U.S. Environmental Protection Agency (âEPAâ) announced its National Enforcement and Compliance Initiatives for 2024â2027, including three new priorities. Every four years, EPA selects enforcement and compliance priorities. EPA works hand in hand with state agencies in prioritizing resources to address what EPA considers to be the most serious environmental issues facing the United…
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…
Read MoreCOVID-19 Impacts on State-Level Environmental Enforcement and Compliance
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…
Read MoreEPA Issues COVID-19 Enforcement Discretion Policy
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,…
Read MoreEndangered Species: Migratory Bird Treaty Act — Scope of Act Rule
American College of Environmental Lawyers (ACOEL) blog on birdsâŠFebruary 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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