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May 15, 2013 0

EPA Issues Proposed Guidance for Vapor Intrusion at Cleanup Sites

By in Environmental and Sustainability Law

On April 16, EPA issued a revised proposed guidance for assessing and mitigating vapor intrusion risks from chlorinated solvents and petroleum at cleanup sites.  The proposed guidance documents revise earlier versions from last year.  The current versions eliminate language from the chlorinated solvents guidance for calculating limits to protect against health hazards from short-term exposure.  [...]

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May 13, 2013 0

Industry and Environmental Groups Challenge New Rules for Commercial and Industrial Solid Waste Incinerators

By in Environmental and Sustainability Law

Petitions have been filed in the U.S. Circuit Court of Appeals, District of Columbia Circuit, challenging EPA rules, finalized in December, for control of emission of hazardous air pollutants from commercial and industrial solid waste incinerators (CISWI).  The petitions, filed by industry and environmental groups, also challenge a companion EPA rule defining non-hazardous secondary materials [...]

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May 6, 2013 0

Federal Court of Appeals Addresses Superfund Liability of Brownfield Developers

By in Environmental and Sustainability Law

In a case of first impression regarding brownfield developer liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), the Fourth Circuit Court of Appeals on April 4 decided the issue of whether a current owner of a hazardous waste site can escape liability as a Bona Fide Prospective Purchaser (BFPP) under [...]

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April 29, 2013 0

EPA’S AUTHORITY TO VETO PERMITS CHANGES

By in Environmental and Sustainability Law

On 23 April 2013, the DC Circuit reversed the district court in Mingo Logan Coal co. v. EPA, which deals with the scope of EPA’s authority to veto permits issued by the Corps.  In relevant part the court held the following (using a straightforward statutory interpretation): Section 404 imposes no temporal limit on the Administrator’s [...]

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April 22, 2013 0

Global Solar Photovoltaic Industry is Likely Now a Net Energy Producer, Stanford Researchers Find

By in Environmental and Sustainability Law

The construction of the photovoltaic power industry since 2000 has required an enormous amount of energy, mostly from fossil fuels. The good news is that the clean electricity from all the installed solar panels has likely just surpassed the energy going into the industry’s continued growth, Stanford researchers find.  To read the complete article, click [...]

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April 15, 2013 1

Green Chamber of the South: Greenhouse Accelerator

By in Environmental and Sustainability Law

Steve O’Day is a Mentor for the Greenhouse Accelerator of the Green Chamber of the South.  The Accelerator’s purpose is to help green entrepreneurs create local, sustainable jobs, providing management support through mentors, and financial support through loans.  After two years of operation, the Accelerator has evaluated 28 companies, screened out 11 companies, and accepted [...]

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April 8, 2013 0

Georgia and Florida Among 36 States Required to Revise Air Quality Implementation Plans

By in Environmental and Sustainability Law

The States of Georgia and Florida are among 36 states that will be required to revise their State Implementation Plans to eliminate provisions allowing excess emissions during startup, shutdown and malfunction (SSM) events.  EPA has granted a petition filed by Sierra Club and WildEarth Guardians seeking an end to the SSM emission allowances.  Once finalized, [...]

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April 1, 2013 0

U.S. SUPREME COURT ISSUES CLASS ACTION DECISION

By in Environmental and Sustainability Law

On March 19, 2013, the U.S. Supreme Court issued a unanimous decision in Standard Fire Insurance Co. v. Knowles, a closely watched case under the federal Class Action Fairness Act of 2005 (“CAFA”).  CAFA gives federal district courts jurisdiction over proposed class action cases in which, among other things, the amount in controversy exceeds $5 [...]

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March 25, 2013 0

Georgia and Florida Among 36 States Required to Revise Air Quality Implementation Plans

By in Environmental and Sustainability Law

The States of Georgia and Florida are among 36 states that will be required to revise their State Implementation Plans to eliminate provisions allowing excess emissions during startup, shutdown and malfunction (SSM) events.  EPA has granted a petition filed by Sierra Club and WildEarth Guardians seeking an end to the SSM emission allowances.  Once finalized, [...]

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March 18, 2013 0

Changes in Georgia Inert Landfill Exemptions

By in Environmental and Sustainability Law

On February 25, Georgia House lawmakers approved a bill which will exempt small, inert landfills from regulation under Georgia EPD rules.  House Bill 320, introduced by Representative Buddy Harden, a Republican from Cordele, would exempt landfills with a capacity of 250 cubic yards or less from the requirement to obtain a permit from the Georgia [...]

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