Posted by Jessica Lee Reece (jreece@sgrlaw.com) The U.S. EPA has announced that it will switch its indicator standard for fecal contamination of public water systems from fecal coliform to e. coli. In a proposed rule entitled the “National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule,” EPA proposes to establish a maximum contaminant level of zero e. coli bacteria in drinking water. EPA states that e. coli is a “more restricted group of coliform bacteria that almost always originate in the human or animal gut” and therefore is a better indicator of fecal contamination than fecal coliform. Drinking… Read more
Environmental and Sustainability Law
Landmark Ruling Could Make Livestock Processors Liable for Contractors’ CWA Violations
On July 21, the U.S. District Court for the District of Maryland denied a motion to dismiss filed by Perdue Farms, Inc. in a Clean Water Act (“CWA”) citizen suit. The suit alleges Perdue is liable for CWA violations of the contractor that operates a “concentrated animal feeding operation” (CAFO) in Maryland. The Court held that Perdue could be liable as an operator of the facility based on allegations that it exercised control over its contractor’s chicken operations and that it was not necessary for Perdue to hold the actual permit in order to be liable for permit violations. The ruling could… Read more
Appellate Ruling Deals Blow to Nuisance Suits for Air Pollution
Authored by Steve O’Day, soday@sgrlaw.com On July 26, the Fourth Circuit U.S. Court of Appeals reversed a lower court ruling that had found that pollutant emissions from four coal-fired power plants operated by the Tennessee Valley Authority constituted a public nuisance to the State of North Carolina, and vacated an injunction requiring stringent emissions controls on the four plants. In its ruling, the Fourth Circuit stated that it is “difficult” to see how emissions that were explicitly permitted and regulated by EPA and the State of Tennessee could be a public nuisance. The Court stated that “if allowed to stand,… Read more
Corporate Sustainability: The Game Changer.
Posted by Steve O’Day and Jessica Lee Reece SGR attorneys Steve O’Day and Jessica Lee Reece have co-authored an article in the current issue of Business to Business magazine. Their article, Corporate Sustainability: The Game Changer, explains the concept of corporate sustainability in an environment with rapidly changing fiscal and corporate policy. Here is an excerpt: Corporate Sustainability, often referred to as Triple Bottom Line Sustainability, is a targeted business strategy that considers a company’s long-term viability from all angles—social, environmental and fiscal. In other words, corporate sustainability is where the philosophies of staunchly conservative economists and those of wildly idyllic… Read more
BP Spill Lawsuits Consolidated in New Orleans
BP, Transocean, Halliburton and other defendants in hundreds of lawsuits brought in the wake of the largest offshore oil spill in U.S. history must litigate those suits in Federal court in Louisiana, the Judicial Panel on Multidistrict Litigation has decided. Multidistrict litigation is a special federal procedural means of handling a multitude of separate cases which share one or more common factual issues, but are pending in different districts. The process is intended to streamline the discovery of evidence, resolve common issues of fact, avoid duplication of effort, and prevent inconsistent judicial rulings. Once pretrial proceedings are concluded, the separate… Read more
SGR + Business to Business Magazine: Sustainability Roundtable
Looking for another great way to learn more about corporate sustainability? What? B2B’s Annual Executive Sustainability Roundtable, featuring executives from COX Enterprises, Georgia-Pacific, InterfaceRAISE and The Home Depot. Date: Wednesday, August 18, 2010 Time: 7:30 – 9:45 a.m. Place: Georgia – Pacific Auditorium, Atlanta, GA
President Obama Expands GHG Reduction Target for Federal Operations
On July 20, President Obama announced that the Federal Government will reduce greenhouse gas (“GHG”) pollution from indirect sources, such as employee travel and commuting, by 13% by 2020. Cumulatively, greenhouse gas pollution reductions from Federal government operations will total 101 million metric tons of carbon dioxide, equivalent to the emissions from 235 million barrels of oil. Recognizing that the Federal Government consumes more energy than any other single organization or company in the country, President Obama issued Executive Order 13514 on Leadership in Environmental, Energy, and Economic Performance, which requires the Federal government to lead by example and reduce, measure… Read more
As EPA Continues to Issue GHG Regulations, More Lawsuits Follow
Posted by Lisa Branch, lbranch@sgrlaw.com On February 24, we noted that a number of lawsuits had been filed challenging EPA’s December 2009 determination that greenhouse gases (“GHG”s) endanger human health and welfare. This year, as EPA issues additional regulations and guidance governing GHGs, more lawsuits have followed. In March of 2010, EPA reconsidered the “Johnson Memorandum” relating to when pollutants are subject to regulation, thereby triggering Clean Air Act permitting programs. In its reconsideration decision, EPA explained that Prevention of Signification Deterioration (“PSD”) permitting for pollutants such as GHGs is triggered when the control requirements of a nationwide GHG rule… Read more
Congressional Budget Office says climate bill would cut deficit by $19B
Posted by Jessica Lee Reece, jreece@sgrlaw.com. The Associated Press reports that the non-partisan Congressional Budget Office (“CBO”) found that the American Power Act (the climate and energy bill currently stalled in the U.S. Senate) would increase revenues and reduce the federal deficit by about $19 billion over the next decade. The American Power Act proposes to cap the number of greenhouse gases emitted from facilities that generate electricity, and from other industrial activities, beginning in 2013 (or 2016 for certain entities). Under the Act, EPA would establish two separate cap-and-trade regulatory initiatives, one covering emissions of greenhouse gases and one covering hydrofluorocarbons. EPA… Read more
Federal Housing Finance Agency Criticizes PACE enabling legislation
Earlier this week, the Federal Housing Finance Agency issued a letter imposing new restrictions on homeowners’ ability to take advantage of Property Assessed Clean Energy legislation (“PACE”), immediately causing a stir among the building and energy communities. PACE legislation allows homeowners to repay the cost of installing solar panels and other energy improvements through an annual surcharge on their property taxes. Approximately 20 states, including Georgia, have passed PACE enabling legislation, and a 24-month trial for nationwide PACE programs (supported by Department of Energy stimulus funds) was set to begin this month. In its July 6, 2010 letter, the Federal Housing Finance Agency… Read more