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September 2, 2015 0

Southern Solar Summit: The Solar Market is Red Hot and Rocking the South

By in Environmental and Sustainability Law

SGR’s Steve O’Day will be a speaker at the 7th Annual Southern Solar Summit on Thursday, September 10, 2015.  The Summit will explore financial options for solar projects, operations and maintenance for utility scale solar, and the increasing popularity of community solar. O’Day will speak about the Georgia Solar Energy Free-Market Financing Act (HB57) and will moderate a […]

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August 31, 2015 0

Is EPA Formalizing a More Rigorous Chemical Health Assessment Process?

By in Environmental and Sustainability Law

EPA announced in June the creation of its new Chemical Safety Advisory Committee (CSAC), established under the Federal Advisory Committee Act, and is seeking nominations for members.  The CSAC will render “expert scientific advice, information and recommendations to the Office of Pollution Prevention and Toxics on the scientific basis for risk assessments, methodologies, and pollution […]

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August 24, 2015 0

Corps’ Memo Declares Economic, Technical Support Documents for New Water Rule Flawed

By in Environmental and Sustainability Law

In a May 15, 2015 memorandum published just prior to the U.S. EPA’s issuance of regulations clarifying the scope of the Clean Water Act (“CWA”), the Corps of Engineers (“Corps”) claims that the economic and technical analysis provided by the Corps to the U.S. EPA regarding Section 404 permitting spanning fiscal years 2009 to 2014 […]

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August 17, 2015 0

EPA’s Cross-State Air Pollution Rule Affirmed by DC Circuit

By in Environmental and Sustainability Law

In a unanimous ruling, the U.S. Court of Appeals for the D.C. Circuit largely affirmed EPA’s Cross-State Air Pollution Rule (CSAPR) on July 28.  EME Homer City Generation, L.P. v. EPA (D.C. Cir. July 28, 2015).  CSAPR is the emissions trading program to address interstate pollution from power plants.  The case was on remand to […]

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August 10, 2015 0

EPA Restricts Permit Shield in New Industrial Stormwater General Permit

By in Environmental and Sustainability Law

In its updated Clean Water Act Multi-Sector General Permit for stormwater discharges from industrial activities issued June 5, EPA has explicitly provided that non-stormwater discharges of any pollutants are not authorized and will either have to be eliminated or covered by a separate individual NPDES permit.  Substantial litigation has occurred under the previous version of […]

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July 31, 2015 0

EPA Releases Final Greenhouse Gas Emission Rule

By in Environmental and Sustainability Law

On August 3, EPA released its final rule implementing the Climate Action Plan focused on reduction of greenhouse gas emissions – carbon dioxide or CO2, from power plants.  While CO2 is naturally occurring, EPA reports that power plants account for 32 percent of carbon dioxide emissions from anthropogenic sources. The plan phases in CO2 reduction […]

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July 27, 2015 0

White House To Review Plan To Issue Guidance To States On Clean Power Compliance

By in Environmental and Sustainability Law

The Environmental Protection Agency’s soon to be finalized Clean Power Plan has been sent to the White House for review.  The EPA views the federal plan as an interim measure to ensure that congressionally mandated emission standards under Section 111 of the Clean Air Act are fully implemented until such time as states assume their […]

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July 20, 2015 0

Implementation of Clean Water Jurisdictional Rule May Fall to States

By in Environmental and Sustainability Law

As previously reported in SGR’s environmental and sustainability newsletter, the U.S. EPA and the U.S. Corps of Engineers jointly published a final clean water rule on June 29, 2015 intended to clarify the jurisdictional limits of federal water for purposes of the Clean Water Act.  The rule, which takes effect on August 25, but which […]

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July 14, 2015 0

The Energy /Water Connection and the Role of HB 57

By in Environmental and Sustainability Law

SGR Partners Andy Thompson and Steve O’Day are scheduled to speak at the State Bar of Georgia Environmental Law Section Summer Seminar on July 24-25, 2015 at Hilton Head Island.  Andy will speak on a “Current Events” panel and will address recent developments in the Clean Water Act Permit Shield Defense, and Steve will speak […]

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July 13, 2015 0

WOTUS Rule Challenges

By in Environmental and Sustainability Law

As previously reported in the Smith, Gambrell & Russell Environmental & Sustainability Newsletter, on June 29, 2015, the Environmental Protection Agency and the U.S. Army Corps of Engineers released their final rule defining the “waters of the United States” and the jurisdictional scope of the Clean Water Act. The rule is in response to the […]

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