Posts Tagged ‘News’

The Environmental Protection Agency (EPA) and the Army Corps signed a final rule last Thursday, September 12, to repeal the rule defining “Waters of the United States” (WOTUS) the agencies promulgated in 2015 (“2015 Rule”).  See pre-publication version, available at https://www.epa.gov/sites/production/files/2019-09/documents/wotus_rin-2040-af74_final_frn_prepub2.pdf.  The repeal will take effect 60 days after the rule is published in the…

EPA’s and the Army Corps’ 2015 promulgation of a revised definition of “waters of the United States” (WOTUS) was met with an executive order and extensive legal challenges questioning the definition’s lawfulness (with which KMCL has been involved).  The Agencies thus commenced a lengthy process to rescind and replace that rule.  One piece of that…

Attorneys from Kazmarek Mowrey Cloud Laseter LLP were part of a team that recently obtained a significant victory in the D.C. Circuit. On Friday, May 18, the DC Circuit reversed the listing of an Indiana site with groundwater pollution on the federal Superfund list.  In its decision, the court found that the U.S. EPA ignored…

On March 1, 2018, Bob Mowrey will speak at the Defense Research Institute (DRI) conference in Nashville.  DRI is the leading organization of defense attorneys in the U.S.  DRI’s Toxic Torts and Environmental Law annual conference for 2018 is March 1-2 in Nashville.  Bob will address the tricky questions around privilege and work product protections in…

On Monday, EPA reopened the public comment period on the Agency’s December 2016 notice designating ten chemical substances for initial risk evaluations under the Toxic Substances Control Act (TSCA).  Comments may now be made until March 15, 2017.  EPA is soliciting comments on the scope of TSCA risk evaluations to be conducted for ten specific…

This past weekend, the UNFCCC secretariat released the attached document as the next draft of the forthcoming Paris Agreement.

Resolving a contentious dispute over the proper interpretation of one of Georgia’s key water protection statutes, the Georgia Supreme Court held today that Georgia’s stream buffer law does not apply to wetlands (particularly non-coastal wetlands) because they generally lack “wrested vegetation.”[1]  Siding with the state Environmental Protection Division (EPD), the Court rejected environmental advocacy groups’…

After our recent e-mail announcement “Big Win at U.S. Supreme Court,” you may have noticed that EPA and some environmental organizations, aided by media politically inclined to cheer on the Administration, were claiming that the decision was a “big win” for EPA. You may be wondering what’s going on. Here’s a short explanation from our perspective.…

The attorneys at Kazmarek Mowrey Cloud Laseter were part of a team that recently obtained a significant victory at the U.S. Supreme Court. The case involved EPA’s greenhouse gas program, under which EPA claimed the authority to regulate sources under the Clean Air Act’s “Prevention of Significant Deterioration” and Title V permitting programs solely because…