Environmental and Sustainability Law

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February 8, 2016 0

Stakeholders Assert the New Waters of The United States Rule Overreaches to Regulate Western Water Supply Ditches

By in Environmental and Sustainability Law

Regulated parties and stakeholders assert that the rule’s definition of “tributary”  is broad enough to encompass Western water supply and irrigation ditches. The final rule states that “ditches are one important example of constructed features that in many instances can meet the definition of tributary.” Opponents of the rule state that the regulation means many […]

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February 1, 2016 0

Eighth Circuit Reverses Summary Judgment Finding of CERCLA Arranger Liability

By in Environmental and Sustainability Law

On December 10, the Eighth Circuit Court of Appeals, in a 2-1 decision, reversed a trial court’s summary judgment finding that Dico, Inc. had arranger liability under CERCLA for selling buildings known to contain PCB-contaminated insulation. United States v. Dico, Inc., et al, No. 14-2762 (8th Cir. 2015). The Court found that under the U.S. […]

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January 25, 2016 0

Air Toxics Rule Remains in Force While EPA Completes Cost Consideration

By in Environmental and Sustainability Law

In a significant victory to EPA, environmental groups and clean energy companies, the D.C. Circuit Court of Appeals on December 15 remanded EPA’s Maximum Achievable Control Technology (MACT) rule for air toxics to the agency without vacating it.  The remand keeps the rule in force while EPA finishes the cost analysis mandated by the U.S. […]

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January 19, 2016 0

Workplace Violations Become Environmental Crimes

By in Environmental and Sustainability Law

The U.S. Department of Justice (DOJ) announced on December 17, in a memorandum from Deputy Attorney General Sally Quillian Yates, that DOJ is transferring responsibility for the prosecution of many workplace violations to the Environmental Crimes Section of its Environment and Natural Resources Division.  The stated purpose of the transfer of responsibility is to encourage […]

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January 11, 2016 0

DC Circuit Leaves EPA Power Plant Mercury Rule in Place

By in Environmental and Sustainability Law

A federal appeals court has opted to leave the EPA’s mercury and air toxic standards for power plants in place despite a ruling by the U.S. Supreme Court that the EPA erred in the first step of its rulemaking process.  According to the opinion by the U.S. Court of Appeals for the District of Columbia, […]

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January 5, 2016 0

Wetlands, Finality of Jurisdictional Determinations

By in Environmental and Sustainability Law

On December 11, 2015, the U.S. Supreme Court agreed to review whether a Clean Water Act (CWA) jurisdictional determination issued by the U.S. Army Corps of Engineers (Corps) constitutes final agency action subject to judicial review. Previously, three federal appeals courts could not agree on whether the nonbinding, jurisdictional determination was final agency action that […]

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December 14, 2015 0

EPA Modifies Boiler Start-Up Requirements in Response to Industry Comments

By in Environmental and Sustainability Law

The Environmental Protection Agency (EPA) has revised its air toxics standards for major source industrial boilers in response to criticisms and comments from industry groups regarding the practicability of the rule.  The final revised rule (RIN2060-AS09), signed on November 5, 2015, updates the maximum achievable control technology (MACT) standards for boilers and was promulgated in […]

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December 7, 2015 0

Opposition Mounts to EPA Clean Power Plant

By in Environmental and Sustainability Law

A majority of states have now joined in opposition to the proposed EPA carbon dioxide standards for power plants.  In addition to opposition from state governments, the Senate has proposed resolutions to overturn the Clean Power Plan (Plan).  Opponents of the Plan claim that the establishment of a cap and trade system for carbon emissions […]

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December 1, 2015 0

Atlanta Announces Plan to Install Solar Installations on 28 City Buildings

By in Environmental and Sustainability Law

Atlanta Mayor Kasim Reed announced at a press conference last week, the City of Atlanta’s plan to construct solar installations on 28 city buildings. This project will be made possible using financing authorized by HB 57, the Solar Power Free-Market Financing Act of 2015, enacted by the Georgia General Assembly earlier this year. Click HERE […]

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November 30, 2015 0

Millennials Will Be Key Drivers of Sustainability in Small and Medium Businesses

By in Environmental and Sustainability Law

Our client, Cox Enterprises, plays an active role in sustainability and conservation.  From time to time we feature clients and their impact on the community and environment.  Cox Enterprises released the results of its second annual Cox Conserves Sustainability Survey, which showcases that Millennials will lead the way for small and medium businesses in future […]

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