Beginning last December and continuing through this past May, EPA has issued four main rules regarding regulation of greenhouse gas (GHG) emissions. Since that time, more than 150 businesses, advocacy groups, trade associations and government entities have challenged EPA’s decision-making. With so many litigants involved, and with Senator Kerry announcing a climate bill is unlikely to be passed in the near future, it is becoming more likely that the nation’s climate policy will be shaped in the courtroom. The EPA rules being challenged in the courts include: (1) the December 2009 “endangerment finding,” where EPA determined GHGs are a threat… Read more
Environmental and Sustainability Law
Impact of Ag and Forests on Greenhouse Gas Emissions
The U.S. Department of Agriculture reports that agriculture and forestry could play a prominent role in U.S. efforts to address climate change “if farms and ranches undertake activities that reduce [GHG] emissions or take greenhouse gases out of the atmosphere.” In a recently-released report, “The Role of Agriculture in Reducing Greenhouse Gas Emissions,” the authors identify opportunities for addressing climate change, including: shifting to conservation tillage, reducing the amount of nitrogen fertilizer applied to crops, changing livestock and manure management practices, and planting trees or grass. In an effort to encourage such activities, the federal government is also considering offering carbon offsets… Read more
Senate Votes Down Biodiesel Tax Credit Extension
The U.S. Senate has rejected an amendment to a small-business bill that would have extended a popular tax credit for biodiesel fuel makers, drawing ire from lawmakers and others who supported the measure. Sen. Chuck Grassley, R-Iowa, quickly condemned Thursday’s 41-58 vote against his amendment, even as the Senate approved the full small-business bill itself. Grassley’s amendment would have extended for one year, through Dec. 31, the Section 40A income tax credit for biodiesel and renewable diesel. Grassley and Sen. Maria Cantwell, D-Wash., filed a bill in August 2009 that would have extended the biodiesel tax credit for five years,… Read more
SGR Obtains Dismissal of Toxic Tort Lawsuit, Victory for Client
Last Friday, SGR environmental attorneys Andy Thompson and Steve O’Day achieved victory for SGR’s client, Alcoa, in a large toxic tort lawsuit. The case was first filed in 2004 and after defeating the plaintiffs’ efforts at class certification, the case was limited to twelve plaintiffs alleging that they developed beryllium sensitization and chronic beryllium disease as a result of alleged exposures during the manufacture of military aircraft at Lockheed Martin in Marietta, Georgia. Plaintiffs offered the testimony of an industrial hygienist to attempt to establish causation and exposure to the defendants’ products. SGR moved to exclude the testimony of the… Read more
Energy Ace: Five Lessons learned From 100+ LEED Projects
Atlanta-based Energy Ace is a single-source, full-service firm providing green building technical and administrative services. The firm’s president, Wayne Robertson, PE, LEED AP, recently reached out to SGR to discuss his experience and advice after working with more than 100 LEED-certified projects. The following is an article authored by Mr. Robertson discussing tips and techniques he and his team learn with each new project. ————————————————– “Experience is the best teacher,” someone (probably Adam) once said. For LEED projects, that maxim holds especially true because ours is a new field without a long history of accepted wisdom, rules of thumb, tricks of the… Read more
Georgia losing out on renewable energy
Posted by Jessica Lee Reece (jreece@sgrlaw.com). The Reznick Group’s Wes Hudson, co-managing principal of the Atlanta office, recently authored an excellent article discussing how Georgia needs to up the ante in the renewable energy game, given that “in an economy with record unemployment, Georgia has turned down billions of dollars in federal grants intended to stimulate investment in renewable energy in the past 12 months.” An excerpt from Mr. Hudson’s article: It was recently reported in the Atlanta Journal-Constitution (http://ajc.com/business/georgia-power-to-double-595617.html ) that “Georgia Power is doubling the amount of solar energy it will buy from independent producers.” Unfortunately, doubling a ludicrously low number… Read more
O’Day to speak at Upcoming AIA Conference
Steve O’Day will speak on “LEED-ing Edge Liability” at the AIA South Carolina 2010 Fall Conference entitled, “Sustainable Planet Sustainable Profit: SYNERGY BY DESIGN.” The conference will be held October 21-23 in Hilton Head Island, South Carolina.
Another Oil Rig Blast in Gulf, AP Reports
Posted by Jessica Lee Reece, jreece@sglraw.com Another offshore oil rig has exploded in the Gulf of Mexico, west of the site of the BP blast and resulting oil spill that occurred in April, the Associated Press reports. Thirteen people were on the rig and have been rescued and accounted for. One person was injured, according to a U.S. Coast Guard spokesman. An oil sheen of approximately 100 feet wide has been reported. The company that owns the rig, Houston-based Mariner Energy, reported that it did not know what caused the blast. For the complete AP Story by Alan Sayre, please… Read more
EPA Proposes Rules on Clean Air Act Permitting for GHG Emissions
In spring 2010, EPA finalized the Greenhouse Gas (“GHG”) Tailoring Rule, which states that large industrial facilities and projects will require an air permit for their GHG emissions beginning in 2011. On August 12, 2010, EPA issued two proposed rules to address concerns that some states will not be ready to issue permits on January 2, 2011. In the first rule, EPA proposes to find that 13 states — Alaska, Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, and Texas — have state implementation plans (SIP) that are “substantially inadequate” to meet CAA requirements. The plans are… Read more
EPA Proposed Rule Increases Reporting Requirements for Certain Chemicals
On August 11, EPA released the text of a proposed rule under the Toxic Substances Control Act (TSCA), which will increase reporting requirements for chemicals regulated under that statute. The proposed rule will amend EPA’s Inventory Update Rule (IUR), which requires manufacturers and importers of certain chemicals to report specified information for those substances. The amended rule will increase those reporting requirements, including expanding the time period for reporting, increasing the frequency, eliminating upper thresholds for reporting, and rejecting more confidential business information claims, among other changes. Companies who import or manufacture chemicals that are subject to TSCA and are… Read more