Jaleesa Smith, Author at SGR Law

Jul 25, 2018

Husted: The Legality of Purging the Voter Rolls

Voting Booth: National Voter Registration Act

By: Marcie Ernst and Melanie Walker[1] The United States Supreme Court recently ruled in Husted, Ohio Secretary of State v. A. Phillip Randolph Institute[2] that Ohio’s process for removing voters on change-of-residence grounds did not violate the National Voter Registration Act (NVRA), also known as the “Motor Voter Act.”[3] A. Phillip Randolph Institute, a labor and civil rights group, filed the case on behalf of Larry Harmon, a resident of the state who had not voted in the previous two elections, but who attempted to vote in the following election and found his name stricken from the voter roll. The… Read more

Jul 25, 2018

“Beginning of Construction” for Investment Tax Credit for Solar Energy Projects Defined by the IRS

Solar Investment Tax Credit & Solar Energy Projects

On June 22, 2018, the IRS released guidance to assist developers and owners of solar energy projects in determining the “beginning of construction” for solar energy projects for purposes of the Investment Tax Credit (ITC) under Section 48 of the Internal Revenue Code. In extending the ITC in 2015, Congress changed the previous “placed-in-service” standard for qualification for the credit to a “beginning of construction” standard for projects completed by the end of 2023. Projects beginning construction in 2019 will receive the current 30% ITC, while projects beginning construction in 2020 and 2021 will receive 26% and 22%, respectively. After… Read more

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 free from material related to municipal, industrial or other discharges which produce turbidity, color, odor or other objectionable conditions which interfere with legitimate water uses.” The Georgia Court of Appeals held that the trial court properly interpreted the water quality standard as prohibiting unreasonable interference… Read more

Jul 16, 2018

SGR Partner Bruce McDonald Joined Leading Representatives of the Russian Pharmaceutical Industry

SGR Partner Bruce McDonald with Leading Representatives of the Russian Pharmaceutical Industry

St. Petersburg International Legal Forum, St. Petersburg, Russia, May 17, 2018 (L to R) Dmitry Chagin, Chairman, Association of Pharmaceutical Manufacturers of the Eurasian Economic Union; Anna Guseva, Partner, Ernst & Young; Zakhar Galant, Russian Ministry of Health; Vitaliy Kastalskiy, Managing Partner, AK Patent Group; and Bruce McDonald, Partner, Smith, Gambrell & Russell, LLP On May 17, 2018, SGR partner Bruce McDonald joined leading representatives of the Russian pharmaceutical industry at the invitation of the Russian Ministry of Health for a discussion of legislative and policy proposals by the government calling for a restriction in the scope of patent protection for pharmaceutical… Read more

Jul 11, 2018

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

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. Outgoing EPA Administrator Scott Pruitt was at odds with the agency’s Air Chief Bill Wehrum over how the new source review permitting should proceed. Pruitt favored a comprehensive overhaul of the permitting program while Wehrum preferred incremental program changes achieved through a combination of guidance and rulemaking. With Pruitt’s departure, Wheeler is widely expected to allow for the continuation of the incremental changes to the program rather… Read more

Jun 27, 2018

White House Announces Proposal to Reorganize Governmental Agencies

On June 21, 2018, the White House Office of Management and Budget issued a plan which proposes to consolidate some governmental 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 Departments’ site cleanup efforts of over 80,000 abandoned mines, and place jurisdiction for their cleanup under the EPA’s Superfund authority. Of those 80,000 abandoned mines, it is estimated that approximately five percent of those could require a superfund level cleanup according to the White House… Read more

May 30, 2018

What’s in a Name? (Part 1)

Titling assets correctly is an essential part of a successful estate plan. Title controls how assets pass at the owner’s death. Depending on the title, some assets pass under terms of the Will, by operation of law, or pursuant to a beneficiary designation. While it is an integral aspect of planning, properly titling assets is often overlooked. Assets titled in the sole name of an individual become part of the owner’s probate estate when the owner dies. Probate property will pass under the provisions of the owner’s Will, or if there is no Will, to the person’s heirs under the… 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 ended on April 30, 2018. As noted in EPA’s public hearing announcement, EPA estimates that the proposed rules would save the regulated community between $31 million and $100 million per year. Despite EPA’s proposed amendments, Bloomberg Environment recently reported that Duke Energy and the Tennessee… Read more

Apr 13, 2018

Repairing a Broken Trust

A trust usually forms a critical part of one’s estate plan. For example, it is often used to transfer: Family wealth to the younger generation in a tax efficient manner; Interests in family businesses; Property in a way that protects a beneficiary from his or her otherwise unfettered spending; Property so that it is protected from a beneficiary’s creditors; and Property so that it is protected in the event of divorce. Broadly speaking, there are two types of trusts, i.e., revocable and irrevocable. A revocable trust can be amended or revoked by the grantor – the person who set up… Read more

Dec 13, 2017

Federal Circuits Are Split on When a CERCLA Section 113 Contribution Claim Can Be Pursued

The 9th Circuit Court of Appeals recently reinforced a Circuit split on what kind of settlement agreement allows a claimant to pursue a contribution claim against other PRPs under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In Asarco v. Atlantic Ritchfield, (9th Cir. 8/10/17), the Court held that Congress did not intend to limit Section 113(f)(3)(B) contribution actions to the recovery of costs incurred in response actions under CERCLA settlements. Non-CERCLA settlements, such as for implementation of corrective measures under the Resource Conservation and Recovery Act (RCRA), may provide the necessary predicate for a CERCLA… Read more