Environmental and Sustainability Law

Follow our Environmental and Sustainability Law RSS Feed »

May 20, 2015 0

Georgia Denies Permit for Kinder Morgan Pipeline

By in Environmental and Sustainability Law

On May 19, 2015 The Georgia Department of Transportation (“GDOT”) announced that it will not allow Kinder Morgan to exercise eminent domain to seize private property in order to build the Palmetto Pipeline. Kinder Morgan plans to build a pipeline that would stretch between Belton, South Carolina and Jacksonville, Florida, transporting gasoline, diesel, and ethanol […]

Tags: , , , , , , , ,

May 18, 2015 0

A Win for Solar Energy in Georgia: The Solar Power Free-Market Financing Act Becomes Law

By in Environmental and Sustainability Law

On May 12, 2015, Georgia took a giant leap forward in the development of distributed solar power in the state, outpacing all other states in the region.  With the enactment of HB 57, The Solar Power Free-Market Financing Act of 2015, signed into law today, Georgia becomes the first state in the Southeastern U.S. to […]

Tags: , , , , , ,

May 11, 2015 0

EPA Environmental Appeals Board: No Statute of Limitations on Failure to Report Under TSCA

By in Environmental and Sustainability Law

Although the chemical industry appellant, Elementis Chromium Inc., prevailed in its appeal of a $2.5 million penalty under the Toxic Substances Control Act (TSCA), a ruling by EPA’s Environmental Appeals Board (EAB) indicates that violations of Section 8(e) of TSCA are continuing, and therefore not subject to the general 5 year federal statute of limitations.  […]

Tags: , , , , , , ,

May 4, 2015 0

Land Deposition of Air Pollutants Constitutes Disposal of Hazardous Waste, Per District Court in Ohio

By in Environmental and Sustainability Law

Disagreeing with a decision by the Ninth Circuit Court of Appeals, the U.S. District Court for the Southern District of Ohio, Judge Algenon Marbley, ruled on March 10 that the deposition on land of perflourooctanoic acid (C8) on a wellfield owned by a rural water district constitutes disposal of hazardous waste under the Resource Conservation […]

Tags: , , , , , , ,

April 27, 2015 0

Federal Case Law Impacts Superfund Cost Recovery and Contribution Actions

By in Environmental and Sustainability Law

The dividing line between Superfund cost recovery and contribution actions under sections 107(a) and 113(f) of CERCLA, respectively, have long been complicated and unclear. Potentially responsible parties (PRPs) typically prefer to proceed under § 107 due to its more favorable statute of limitations and joint and several liability standard, but often plead both sections alternatively […]

Tags: , , , ,

April 20, 2015 0

Senate Subcommittee Takes First Steps Toward Reauthorization of Brownfield Program

By in Environmental and Sustainability Law

Both republican and democratic senators from the Senate Environment and Public Works Committee have met to discuss potential paths forward for a multi-year reauthorization of the Brownfield Program.  During interviews conducted in February and March, committee members indicated that the program is popular and likely to receive bipartisan support. The original act created under the […]

Tags: , , , ,

April 13, 2015 0

U.S. EPA Outlines National Strategy for Use of Green Infrastructure by Local Governments

By in Environmental and Sustainability Law

Guidance recently issued by the U.S. EPA details the Obama administration’s national strategy for encouraging municipalities to utilize existing and new green infrastructure to help alleviate climate change. The EPA guidance document, which was released on February 22 and can be read in its entirety here, encourages municipalities to review local ordinances and planning documents […]

Tags: , , , , , , , ,

April 7, 2015 0

EPA Sets Stricter NESHAP Standards for Off-Site Waste and Recovery Operations

By in Environmental and Sustainability Law

Effective immediately, a new EPA rule (RIN 2060-AR47) updates the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for off-site waste and recovery operations. This rule implements more stringent toxic air pollutant requirements for process vents and tanks at facilities which treat, recover and/or dispose waste, used solvents, or used oil. The EPA rule will […]

Tags: , , , , , ,

March 27, 2015 0

Georgia Legislature First in Southeast to Authorize Third Party Financing of Onsite Solar Power Facilities

By in Environmental and Sustainability Law

Last Friday, the Georgia Senate unanimously approved HB 57, the Georgia Solar Power Free Market Financing Act of 2015.  Sponsored by Representative Mike Dudgeon, R-Johns Creek, the Act now moves to the desk of Governor Nathan Deal for signature.  SGR’s Steve O’Day has worked with diverse groups in drafting, negotiating and supporting solar free market […]

Tags: , , , , ,

March 23, 2015 0

Federal Court Rules That CERCLA Prevents Federal Nuisance Claims for Hazardous Materials Contamination

By in Environmental and Sustainability Law

Following the reasoning of the Supreme Court in Connecticut v. American Electric Power Co., Inc. (AEP), 546 U.S. ___ (No. 10-174, S. Ct. 2011), the U.S. District Court for the Eastern District of Washington ruled in January that federal common law nuisance claims filed by Washington residents living downstream and downwind of a Canadian metal […]

Tags: , , , , , , , , , , ,