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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 […]

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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 […]

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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 […]

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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 […]

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March 16, 2015 0

Federal Court Decision in Clean Air Act Citizen Suit Case

By in Environmental and Sustainability Law

On February 25, 2015, the U.S. District Court for the Eastern District of Arkansas issued a decision in the case of Nucor Steel-Ark. v. Big River Steel, in which the plaintiff steel company attempted to utilize the citizen suit provision of the federal Clean Air Act (CAA) to stop a competitor from constructing a $1.3 […]

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March 9, 2015 0

EPA Defends Standards for Air Toxics from Solid Waste Incinerators

By in Environmental and Sustainability Law

The EPA is currently defending its process for establishing standards for emissions of hazardous air pollutants from solid waste incinerators before the D.C. Court of Appeals.[1] Historically, EPA takes a pollutant-by-pollutant approach when determining maximum achievable control technology (MACT) standards for commercial and industrial solid waste incineration units. Industry groups have attacked the EPA’s approach […]

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March 2, 2015 0

Federal Court: Manure From Dairy is Solid Waste Regulated by RCRA

By in Environmental and Sustainability Law

In a first-time ruling, the U.S. District Court for the Eastern District of Washington ruled in January that manure from a dairy is solid waste regulated under the Resource Conservation and Recovery Act (RCRA), and that excessive spreading of manure on agricultural fields, and leachate from storage lagoons, present an imminent and substantial endangerment that […]

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February 26, 2015 0

The Challenges of Green Labeling

By in Environmental and Sustainability Law

Why manufacturers need to tread a fine line when communicating the environmentally friendly attributes of their products to consumers. By: Phillip E. Hoover Today, more than ever, is a great time to be a “green” manufacturer. As the effects of climate change become more evident and a more frequently discussed topic in the media, consumers […]

February 23, 2015 0

Sixth Circuit Upholds Permit Shield Defense Under CWA General Permits

By in Environmental and Sustainability Law

A Sixth Circuit Court of Appeals panel has ruled for the first time that the Clean Water Act’s (CWA) permit shield defense protects a permittee covered under a General Permit from a citizen suit alleging discharges of toxins not specifically authorized by the permit.  The 2-1 ruling issued January 27 in Sierra Club v. ICG […]

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February 16, 2015 0

New Draft Guidance Proposed by CEQ Encourages Climate Change Evaluation in Environmental Impact Statements

By in Environmental and Sustainability Law

The Council on Environmental Quality (CEQ) on December 19 proposed updated guidance for assessing greenhouse gas (GHG) emissions in Environmental Impact Statements (EISs) prepared under the National Environmental Policy Act (NEPA).  CEQ has responsibility for providing guidance to federal agencies on compliance with NEPA’s environmental assessment requirements. The new proposed guidance updates CEQ’s 2010 draft […]

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