Environmental and Sustainability Law

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July 18, 2016 0

U.S. EPA Sued Over Denial of New Power Plant Rule Reconsideration

By in Environmental and Sustainability Law

On July 1, nearly half of the States filed a lawsuit in the U.S. Court of Appeals for the District of Columbia challenging the U.S. EPA’s denial of their petition to rehear the new power plant rule regulating carbon dioxide emissions.  The challenge is expected to be consolidated with ongoing litigation over the EPA’s new […]

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July 11, 2016 0

GEORGIA SUPREME COURT DECISION REGARDING CAUSATION TESTIMONY IN ASBESTOS CASE

By in Environmental and Sustainability Law

On July 5, 2016, the Georgia Supreme Court issued a decision in Scapa Dryer Fabrics, Inc. v. Knight, et al., in which the plaintiff alleged he was exposed to asbestos-containing products at a textile manufacturer’s facility in the late 1960s and early 1970s.  In reversing a Georgia Court of Appeals decision, the Georgia Supreme Court […]

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June 27, 2016 0

U.S. EPA Prepares to Defend Whitehouse Clean Power Plan

By in Environmental and Sustainability Law

Within hours of the U.S. Supreme Court’s decision halting the Carbon Dioxide Standards implementation under the Clean Air Act (the “Act”), the U.S. EPA began to prepare their public defense of the plan.  EPA Administrator Gina McCarthy said in a February e-mail to all staff, the day after the Supreme Court issued its stay, that […]

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June 22, 2016 0

SGR Client Cox Enterprises Announces Program to Invest $25 Million in Cleantech Companies

By in Environmental and Sustainability Law

SGR is proud to have the award-winning Cox Conserves program of Cox Enterprises as its client.  The program has laudable goals for carbon, waste and water neutrality, and SGR assists the company in implementation of its efforts to meet those goals.  On June 13, 2016, Cox Enterprises took another giant step in its sustainability initiative […]

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June 13, 2016 0

The DOJ states that the EPA Assistance to States with Clean Power Plan Implementation Complies with Law

By in Environmental and Sustainability Law

The U.S. EPA’s (“EPA”) ongoing assistance to states implementing the Clean Power Plan under the new EPA rule has been reviewed by the DOJ for compliance with the U.S. Supreme Court’s decision to stay the rule.  Under the stay issued by the U.S. Supreme Court, the EPA is enjoined from implementing the Clean Power Plan.  […]

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June 7, 2016 0

New EPA Proposal Would Remove CERCLA, RCRA Exemptions from Air Emissions Rules

By in Environmental and Sustainability Law

On May 12, 2016, the EPA proposed a rule (RIN 2060-AN36) which would remove the exemption for site cleanup activities under the hazardous waste statutes from the emissions standards for hazardous air pollutants under the Clean Air Act.  The proposed rule would amend the National Emission Standards for Hazardous Air Pollutants (“NESHAP”), Site Remediation Rule, […]

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May 31, 2016 0

High Court rules in favor of landowners, over Army Corps of Engineers objections, on designating Waters of the United States

By in Environmental and Sustainability Law

In an 8-0 decision, the United States Supreme Court held that designating a property as a Water of the United States was a final agency action. Landowners now have the ability to challenge designations of Waters of the United States before penalty actions are commenced. This decision gives landowners greater flexibility in fighting an erroneous […]

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May 23, 2016 0

Contribution Claims Under CERCLA Limited where Party Seeking Contribution has Settled with Federal Government

By in Environmental and Sustainability Law

A federal court in the Eastern District of Wisconsin has held that a party entering into an agreement with the federal government to settle a claim for liability under the Superfund law may only pursue a contribution claim for payments that were made under the agreement.  Under the Superfund law, defendants face joint and several […]

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May 13, 2016 0

Opponents of Clean Power Plan Seek Two Days of Oral Argument

By in Environmental and Sustainability Law

Oral arguments in the challenge to the Clean Power Plan are currently scheduled for June 2 and 3 before the US Court of Appeals for the District of Columbia.  Opponents of the Clean Power Plan are seeking two days of oral arguments, with time divided between several topics. On the first day, the parties would […]

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May 10, 2016 0

Opponents of Clean Power Plan Seek Two Days of Oral Argument

By in Environmental and Sustainability Law

Oral arguments in the challenge to the Clean Power Plan are currently scheduled for June 2 and 3 before the US Court of Appeals for the District of Columbia.  Opponents of the Clean Power Plan are seeking two days of oral arguments, with time divided between several topics. On the first day, the parties would […]

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