Environmental and Sustainability Law

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October 13, 2014 0

FEDERAL APPELLATE COURT DECISION IN GROUNDWATER CONTAMINATION CASE

By in Environmental and Sustainability Law

On October 6, 2014, the U.S. Court of Appeals for the Eleventh Circuit, which is the appellate court for federal district courts in Georgia, Florida, and Alabama, issued a decision in the case of Joseph Adinolfe et al. v. United Technologies Corporation, a toxic tort case in which hundreds of property owners in a residential [...]

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October 6, 2014 0

Regional Grid Operators Consider a Price on Carbon

By in Environmental and Sustainability Law

Regulations proposed by EPA under Section 111(d) of the Clean Air Act for the control of greenhouse gas (GHG) emissions from existing sources would require States to meet assigned GHG reduction targets by deadlines set forth in the proposed regulations.  States can either submit individual plans for meeting those reductions, or participate in regional plans.  [...]

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September 25, 2014 0

Diesel Exhaust Emissions not Subject to RCRA Regulation

By in Environmental and Sustainability Law

On August 20, the U.S. Court of Appeals for the Ninth Circuit held that the diesel emissions of two railyards were not subject to regulation under the Resource Recovery and Conservation Act (RCRA). The environmental advocates that brought the suit argued that the diesel emissions were solid waste that were disposed of when the emissions [...]

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September 15, 2014 0

SGR Attorney Christopher J. Bowers To Testify Before the GA Senate Mold and Mildew Remediation Contractor Study Committee

By in Environmental and Sustainability Law

On September 18, 2014, SGR Environmental & Sustainability attorney Chris Bowers will appear before the Georgia State Senate Mold and Mildew Remediation Contractor Study Committee as a legal expert to answer questions regarding federal and state law standards governing licensing and certification of mold assessment and remediation contractors.  In March of this year, the Georgia State Senate [...]

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September 15, 2014 0

EPA Emissions Cap Raises Questions About the Expansion of RGGI Participant States

By in Environmental and Sustainability Law

The EPA’s proposal to regulate power plants through carbon emission caps has caused speculation that more states will join the Regional Greenhouse Gas Initiative (RGGI) as a means of complying with the new regulations. The RGGI uses a cap-and-trade program to regulate carbon emissions in its member states. Several factors make the RGGI an attractive [...]

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September 8, 2014 0

Fracking on Public Lands: EIS May Be Required

By in Environmental and Sustainability Law

The Bureau of Land Management (BLM) has agreed to settle litigation in California by preparing environmental impact statements (EISs) for two disputed oil and gas well leases in the Monterey Shale formation.  The agreement includes suspension of operations and production on the leased sites pending preparation of the EISs, with the right of the plaintiff [...]

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September 2, 2014 0

Recent Trend in Environmental Litigation: Public Nuisance Cases Against Regulated Entities for Air Pollution

By in Environmental and Sustainability Law

A June 13 ruling by the Iowa Supreme Court highlights a recent trend in environmental litigation:  lawsuits against regulated entities asserting state law public nuisance claims for air pollution.  In 2011, the U.S. Supreme Court held unanimously that the Clean Air Act preempts federal common law nuisance claims against a utility for emissions of greenhouse [...]

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August 26, 2014 0

On the Horizon for Federal Permitting and Project Development: NEPA Lawsuits to Require GHG Evaluation

By in Environmental and Sustainability Law

The National Environmental Policy Act requires environmental assessment of “major Federal actions significantly affecting the quality of the human environment.”  Federal agencies, or contractors undertaking federal projects, must therefore prepare an Environmental Assessment (EA) and potentially an Environmental Impact Statement (EIS) for federal actions ranging from permits to deposit fill in wetlands to construction of [...]

August 21, 2014 0

EPA Extends 2013 Renewable Fuel Standard Compliance Deadline

By in Environmental and Sustainability Law

The EPA has, for the third time, extended the Renewable Fuel Standard Compliance deadline due to the agencies failure to issue a final rule for 2014.  The proposed standard, which, among other things, sets requirements for the percentage of ethanol that must be used by petroleum refiners as they blend their product, had to be [...]

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August 18, 2014 0

Sixth Circuit Holds That Settling PRPs at Superfund Sites Are Limited to Contribution Claims Against Other PRPs

By in Environmental and Sustainability Law

The interplay of two remedies for recovery by Potentially Responsible Parties (PRPs) of their cleanup costs at contaminated sites has been a lively topic of debate ever since Congress added Section 113(f) in 1986, clarifying the right of parties held jointly and severally liable for cleanup costs to seek recovery of a share of those [...]

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