Governor Kemp Praises KMCL Attorneys’ 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 Corps’ 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:…

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Client Alert: Georgia EPD’s New Draft Guidance for Construction Stormwater Permitting 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On November 7, 2023, the Georgia Department of Natural Resources, Environmental Protection Division (EPD) issued new draft guidance that will apply to construction stormwater variances issued to large projects disturbing more than fifty acres (see links below).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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EPA Announces Federal Enforcement Priorities for 2024–2027

In August, the U.S. Environmental Protection Agency (“EPA”) announced its National Enforcement and Compliance Initiatives for 2024–2027, 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…

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SCOTUS Holds Superfund Does Not Preempt State Law Claims, but Precludes State Court Challenges to EPA’s 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 plaintiffs’ properties based on their preferred cleanup remedy if that remedy is not approved…

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New WOTUS Rule to Take Effect June 22, 2020

The final Navigable Waters Protection Rule (“NWPR”) to define “waters of the United States” (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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COVID-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…

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EPA 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,…

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Endangered Species: Migratory Bird Treaty Act — Scope of Act Rule

American College of Environmental Lawyers (ACOEL) blog on birds…February 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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American College of Environmental Lawyers (ACOEL) blog on bees…

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 a recent development in the realm of environmental law titled, “The…

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Amendments to Endangered Species Act Rules Spark Litigation

The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (“the Services”) have issued three final rules amending the federal regulations implementing the Endangered Species Act (ESA). The changes constitute the most sweeping revisions to ESA rules in the statute’s history. The new rules change how species are listed as endangered or…

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