Jul 18, 2018

Georgia Court of Appeals Interprets Narrative Water Quality Standard for Odor and Color


At issue in Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC et al., 2018 WL 2947915, Case No. A18A0594 (Ga. App. June 13, 2018), was the definition of the phrase “interferes with legitimate water uses” in the narrative standard established by Ga. Comp. R. & Regs. r. 391-3-6-.03 (5)(c), which provides: “All waters shall be… Read more

Jul 11, 2018

Pace of Review of Industrial Expansion Permits to Continue Under Acting EPA Administrator

Industrial Expansion

The pace of changes to the Clean Air Act permitting program for new major sources or expanded major source facilities is expected to continue under the leadership of acting EPA Administrator Andrew Wheeler.  Out-going EPA Administrator Scott Pruitt was at odds with the agency’s Air Chief Bill Wehrum over how the new source review permitting… Read more

Jun 27, 2018

White House Announces Proposal to Reorganize Governmental Agencies

EPA Building

On June 21, 2018, the White House Office of Management and Budget issued a plan which proposes to consolidate some federal agencies to reduce duplication and redundancy, and to approve efficiency, effectiveness and accountability of the Executive Branch.  The plan, which faces bipartisan opposition in the House, would combine, among other agencies, the Interior and Agriculture… Read more

Jun 20, 2018

EPA Soliciting Comments on BUILD Act


The Environmental Protection Agency is seeking to streamline the cleanup and reuse of National Priorities List sites with an emphasis on private party participation and private investment. NPL site designation was once a popular way for affected communities to secure federal funding for remediation, but the program has long suffered from lack of funding. Now,… Read more

Jun 13, 2018

Wind and Gas Surpassed by Solar as Biggest Source of New U.S. Power

Blog-Post Solar Energy Power

In the first quarter of 2018, developers have installed 2.5 Gw of solar – up 13% from the previous year.  According to a report from the Solar Energy Industry Association and GTM Research, the 2.5 Gw increase accounted for 55% of all new power generation with solar panels beating new wind and natural gas turbines… Read more

Jun 6, 2018

Corporate Social Responsibility Disclosures: Fodder for Class Action Lawsuits? 

Sweat Shop

Claims and investigations based on corporate social responsibility (“CSR”) disclosures are becoming increasingly common in the U.S. and internationally. Numerous theories are advanced in claims asserted for allegedly untrue, misleading or incomplete reports and disclosures about a company’s social responsibility initiatives and accomplishments.  This article highlights a class action lawsuit in California now on appeal… Read more

May 24, 2018

EPA and Coal Ash Pond Regulation: 2018 Update

On March 1, 2018, EPA proposed rules to amend several provisions of the Disposal of Coal Combustion Residuals from Electric Utilities final rule (the “CCR Rule”). EPA accepted written comments on this proposal through Regulations.gov under Docket ID No. EPA-HQ-OLEM-2017-0286 and held a hearing on the proposed rule on April 24, 2018. The comment period… Read more

May 15, 2018

EPA Announces New Carbon Neutral Policy for Forest Biomass Energy

Forest Biomass

On February 23, 2018, Scott Pruitt announced a new EPA policy which will treat forest biomass burned at power plants as carbon neutral in all future regulations.  According to Pruitt, the policy will provide “much needed certainty and clarity” on the carbon neutrality of forest biomass – a clarification that the forest and paper industries have… Read more

May 9, 2018

Turning Poultry Waste and Scrapwood into Electricity

Chicken Waste

Veolia Environment SA has agreed to operate and maintain three power plants in the southeast that will generate electricity from burning wood and chicken waste.  Veolia current has a short-term contract with Georgia Renewable Power LLC to manage a Lumberton, North Carolina power plant that burns poultry litter and wood biomass.  In a deal announced… Read more

May 2, 2018

Guilt-Free Sara Lee

Wind Energy

Grupo Bimbo SAB (“GB”), the maker of Sara Lee Cakes and Thomas’ English Muffins, has announced plans to buy wind credits to erase its carbon footprint created by its baking operations.  GB announced plans to convert to renewable energy for all its U.S. operations by 2020 and has just locked in credits for 100 megawatts… Read more