Holly Cook, Author at SGR Law

Jan 2, 2018

OSHA’s Silica Exposure Standard Upheld on Most Grounds

On Friday, December 22, the U.S. Court of Appeals for the District of Columbia Circuit ruled on challenges to OSHA’s new silica exposure standard, rejecting all challenges by industry and one of the challenges by labor unions, but finding that OSHA was arbitrary and capricious in failing to offer good reasons for not including “medical removal protection” allowing doctors to recommend removal of workers at risk from silica exposure. North America’s Building Trades Unions v. Occupational Safety and Health Administration, case #16-1105, D.C. Cir. 12/22/2017. In its ruling, the D.C. Circuit also: Upheld the Silica Exposure Standard’s reduced Permissible Exposure… Read more

Nov 1, 2017

EPA Enforcement Action Signals Heightened RMP Oversight

In August, EPA announced a Consent Order with ChemArt Company of Lincoln, Rhode Island to correct alleged violations of EPA’s Risk Management Program (RMP) under the Clean Air Act. The Consent Order included a civil penalty of $221,326 and a supplemental environmental project (SEP) requiring ChemArt to reduce its stockpile of hazardous materials, including chlorine, and to update manufacturing equipment to reduce the likelihood and consequences of a release. In the waning days of the Obama Administration, EPA issued a final rule updating the RMP and imposing new requirements. On June 14, the Trump Administration EPA issued a final rule… Read more

Oct 26, 2017

Federal Court in Rhode Island Invalidates Superfund Unilateral Administrative Order

Map: Centredale Manor Restoration Project Superfund Site in North Providence, Rhode Island

The U.S. District Court for the District of Rhode Island has agreed with a PRP that portions of a Unilateral Administrative Order (UAO) for cleanup of the Centredale Manor Restoration Project Superfund Site in North Providence, Rhode Island were arbitrary and capricious. Emhart Industries, Inc. v. New England Container Company, Inc., et al, (August 17, 2017). Although normally, review of a UAO is confined to the administrative record, the Court agreed with a PRP that refused to comply with the UAO that expert testimony outside the administrative record should be considered. After considering the outside expert testimony, the Court concluded… Read more

Oct 16, 2017

EPA Initial Rules Under TSCA Amendments Challenged in Court

Toxic Substances Control Act: BioHazard labels

EPA issued several final rules to implement the recent bipartisan amendments to the Toxic Substances Control Act (TSCA) on June 22. The final rules included regulations on how it will prioritize chemicals as either high or low priority for review, and how it will evaluate high priority chemicals. Several lawsuits were filed challenging the rules. The lawsuits were consolidated in the 4th and 9th Circuits Courts of Appeals. A separate lawsuit was filed in the D.C. Circuit Court of Appeals. One of the principal issues in the lawsuits will be the exclusion from EPA review of certain categories of uses of… Read more

Oct 10, 2017

TVA Appeals U.S. District Court Order for Removal of Coal Ash

The TVA has asked the U.S. Court of Appeals for the Sixth Circuit to review an August 4 Order by the U.S. District Court for the Middle District of Tennessee to dig up and remove coal ash from its Gallatin, Tennessee site. In response to a lawsuit filed by conversation groups in April of 2015, the U.S. District Court agreed that violations of the Clean Water Act mandated “closure by removal” of the coal ash. According to the TVA, the estimated cost to dig up and move the coal ash from its current location is $2 billion. TVA officials have… Read more

Oct 2, 2017

States, Cities and Private Businesses Put U.S. Halfway to Paris Climate Accord Goal

Sustainable Earth & the Paris Climate Accord

According to a study released on September 25 by New Climate Institute and The Climate Group, efforts by states, cities and corporations to fight global warming have put the United States halfway toward its Paris Climate Accord goal even as President Donald Trump rolls back federal environmental efforts. The efforts by public and private leaders have put Greenhouse gases on track to fall 12-14% below 2005 levels over the next eight years. The study, which relied on data from the Carbon Disclosure Project, highlighted efforts by 22 states, 54 cities and 250 US-based businesses. The study found that, in the… Read more

Sep 25, 2017

Power Plants Get Two-Year Reprieve from Parts of Wastewater Discharge Rule

Power plants will not have to meet new limits until 2020 for toxic wastewater that comes from using air pollution control systems and transporting bottom furnace ash. The U.S. EPA announced that it was postponing by two years compliance dates that would be required for more than 1,000 power plants nationwide as it reconsiders how strictly it should limit those sources of wastewater. The postponement applies to Obama-era limits on wastewater generated by transporting bottom ash from scrubber units to capture sulfur dioxide emissions from the burning of petroleum coke and coal. Industry representatives have pushed for the extension of… Read more

Sep 13, 2017

SGR Congratulates Client, Cox Enterprises for their Water Conservation Initiatives at Manheim Georgia

Water Conservation: Spigot and Water Drop Illustration

The Georgia Water Coalition’s inaugural Clean 13 Report highlights extraordinary efforts on the part of businesses, industries, local governments, non-profits organizations, and individuals to protect the water and natural resources of Georgia. “Around the state, businesses and communities are making a difference for clean water,” said Joe Cook, advocacy and communication coordinator with Coosa River Basin Initiative, a Georgia Water Coalition member organization. “These may seem like small projects, affecting just an isolated area, but together they add up to big improvements for our water and communities.” SGR’s client, Cox Enterprises is being recognized for its water conservation initiatives at Manheim… Read more

Sep 5, 2017

SGR Partner Andy Thompson is scheduled to speak at Water Law Seminar on September 27, 2017

SGR Partner Andy Thompson is scheduled to speak on September 27, 2017 at a water law seminar for attorneys, engineers, and government employees. The seminar is entitled Water Law and Regulations and will occur at the Embassy Suites-Galleria, 2815 Akers Mill Road, Atlanta, GA 30339. Andy will address legal issues relating to groundwater including groundwater permitting and regulation, common law issues of groundwater usage, discharges to groundwater, and groundwater-related litigation. For more information about the seminar, click here.

Aug 28, 2017

EPA Proposes Revisions to Environmental Site Assessments for Timber Property

Tractor hauling timber on forestland property

On June 20, 2017, EPA published notice of its intent to take direct final action to amend the Standards and Practices for All Appropriate Inquiries (“AAI”) to reference ASTM International’s recently revised E2247-16, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property, and allow for its use to satisfy the statutory requirements for conducting AAI under CERCLA. The proposed amendment would update and replace the current reference to the 2008 ASTM Standard, E2247-08, in the AAI rule found in 40 CFR 312. The new rule was to become effective on September 18,… Read more