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May 3, 2016 0

States Challenge EPA’s Clean Power Plan

By in Environmental and Sustainability Law

More than two dozen states, along with industry, utility and other groups, have joined a lawsuit challenging the EPA’s Clean Power Plan.  The challengers argue that Section 111(d) of the Clean Air Act does not authorize the EPA to implement the Clean Power Plan as currently written.  The plaintiffs assert that the EPA’s rule would […]

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April 26, 2016 0

EPA Issues Guidance on Remediation at Mining Sites

By in Environmental and Sustainability Law

The U.S. EPA has issued guidance for the safe removal and remedial actions associated with hard rock mining.  The action by the U.S. EPA was taken in response to the 3 million gallon spill at the Gold King Mine in Colorado which was triggered by the US EPA’s remedial activities at the site.  The U.S. […]

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April 19, 2016 0

Former EPA Administrators Defend Clean Power Plan

By in Environmental and Sustainability Law

The U.S. EPA contends that shifting electricity generation away from coal-fired utilities as required by the Clean Power Plan (the “CPP”) constitutes a permissible system of emission reduction under the Clean Air Act (the “Act”).  Two former EPA administrators have expressed support for this interpretation, asserting that the Act was broadly worded to reflect Congress’s […]

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April 11, 2016 0

GEORGIA SUPREME COURT DECISION REGARDING POLLUTION EXCLUSION IN INSURANCE POLICY

By in Environmental and Sustainability Law

On March 21, 2016, the Georgia Supreme Court issued a decision in Georgia Farm Bureau Mutual Insurance Company v. Smith, which involved a declaratory judgment action by an insurer that it had no duty to defend or provide coverage to a landlord against a tenant’s lawsuit alleging that her daughter suffered brain damage as a […]

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April 4, 2016 0

PHMSA tightening legacy pipeline and consequence area regulations for Natural Gas Pipelines

By in Environmental and Sustainability Law

Pipeline and Hazardous Materials Safety Administration’s (PHMSA) March 16 proposed regulations for natural gas pipeline safety focuses on legacy pipe integrity. Legacy pipe is a type of pipe no longer manufactured and that PHMSA considers to have potential problems related to manufacturing imperfections.  Legacy construction techniques are historic practices no longer used for construction or […]

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March 28, 2016 0

Supreme Court Upholds $5.8 Million Judgment for Employee Time to Change Into and Out of Safety Equipment

By in Environmental and Sustainability Law

OSHA Issues Final Rule With More Stringent Silica Exposure Limit On March 24, 2016, the Occupational Health and Safety Administration (OSHA) issued a final rule, which among other things, significantly reduces the permissible exposure limit (PEL) for workers’ exposure to respirable crystalline silica from 100 micrograms per cubic meter of air (averaged over an 8-hour […]

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March 21, 2016 0

EPA Increases Oversight of Drinking Water Program

By in Environmental and Sustainability Law

The U.S. EPA has announced its intention to increase oversight of state drinking water programs in light of the crisis occurring in Flint, Michigan.  Federal officials will meet with and work with each state agency to improve their implementation of the EPA’s existing rules aimed at controlling lead and copper in drinking water.  Drinking water […]

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March 15, 2016 0

Authority to Implement EPA Carbon Plan Questioned

By in Environmental and Sustainability Law

In an amicus brief filed February 23, 2016 (West Virginia v. EPA, D.C. Cir., No. 15-1363, brief filed 2/23/16), 34 Senators and 171 Representatives of the House have filed an amicus brief arguing that the U.S. EPA’s Clean Power Plan should be vacated on the basis that the Rule far exceeds the EPA’s authority under […]

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March 9, 2016 0

Risk Management Planning Rule Amendments on the Horizon

By in Environmental and Sustainability Law

Facilities subject to EPA’s risk management plan (RMP) facility safety program should keep an eye out for expected amendments to the governing rules, expected to be published in March by EPA.  EPA is completing its Small Business Advocacy Review of potential costs to small businesses.  In a presentation in November to an industry group, EPA […]

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March 9, 2016 0

David Moore’s Upcoming Speaking Engagement at the 15th Annual Georgia Water Law and Regulation Seminar

By in Environmental and Sustainability Law

This seminar will provide an overview of key water laws and regulations, highlight recent lawsuits and holdings, explain recent regulatory developments, and provide a forum to meet regulators and other key water professionals in the State.  SGR’s David Moore will serve as a faculty member for this program being held on March 22, 2016, at […]

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