In a significant victory to EPA, environmental groups and clean energy companies, the D.C. Circuit Court of Appeals on December 15 remanded EPA’s Maximum Achievable Control Technology (MACT) rule for air toxics to the agency without vacating it. The remand keeps the rule in force while EPA finishes the cost analysis mandated by the U.S. Supreme Court in Michigan v. EPA (No. 14-46, June 29, 2015). Although the D.C. Circuit’s remand order noted that EPA is “on track” to complete its cost analysis by April 15, 2016, the order did not set a deadline for completion. As a result of… Read more
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Workplace Violations Become Environmental Crimes
The U.S. Department of Justice (DOJ) announced on December 17, in a memorandum from Deputy Attorney General Sally Quillian Yates, that DOJ is transferring responsibility for the prosecution of many workplace violations to the Environmental Crimes Section of its Environment and Natural Resources Division. The stated purpose of the transfer of responsibility is to encourage utilizing Title 18, the federal criminal code, to prosecute environmental offenses arising out of worker safety incidents, in order to enhance penalties and increase deterrence. The Environmental Crimes Section can utilize prosecutions under such statutes as the Clean Air Act, Resource Conservation & Recovery Act,… Read more
Atlanta Announces Plan to Install Solar Installations on 28 City Buildings
Atlanta Mayor Kasim Reed announced at a press conference last week, the City of Atlanta’s plan to construct solar installations on 28 city buildings. This project will be made possible using financing authorized by HB 57, the Solar Power Free-Market Financing Act of 2015, enacted by the Georgia General Assembly earlier this year. Click HERE to watch Mayor Reed’s press conference. SGR’s Steve O’Day was a principal drafter and negotiator of the legislation. Click HERE to read more about HB 57.
Millennials Will Be Key Drivers of Sustainability in Small and Medium Businesses
Our client, Cox Enterprises, plays an active role in sustainability and conservation. From time to time we feature clients and their impact on the community and environment. Cox Enterprises released the results of its second annual Cox Conserves Sustainability Survey, which showcases that Millennials will lead the way for small and medium businesses in future conversations and efforts around conservation, energy efficiency, and environmental stewardship. The survey, commissioned by Cox Enterprises, is a national study that examines sustainability opportunities and challenges for small and medium-sized businesses (SMBs). The top finding from the 2015 survey is that Millennials have a huge… Read more
Fertilizer Manufacturers Challenge EPA Air Toxics Rule
In October, the Fertilizer Institute and a coalition of fertilizer manufacturers led by PCS Phosphate Company, Inc. filed separate challenges in the U.S. Court of Appeals for the D.C. Circuit, seeking to stay and invalidate EPA’s final rule for Phosphoric Acid Manufacturing and Phosphate Fertilizer Production Risk and Technology Review and Standards of Performance for Phosphate Processing, under the Clean Air Act. The October Petitions claim that EPA imposed new requirements to continuously monitor the liquid and gas influent flow rates for low-energy scrubbers and demonstrate continuous compliance with a minimum influent liquid-to-gas ratio, effective immediately upon publication of the… Read more
Sixth Circuit Court of Appeals Stays the Waters of the United States Rule
On October 9, the Sixth Circuit Court of Appeals stayed the U.S. Environmental Protection Agency/Corps of Engineers Waters of the United States Rule. That rule reportedly would expand Clean Water Act permitting, enforcement, testing and other requirements to a new group of ditches; buffers to rivers, streams, and wetlands; floodplains, and other areas. The Sixth Circuit held that the group challenging the rule – which included a number of state and local governments including Georgia, Florida, Tennessee, Mississippi, and Alabama – has a “substantial possibility” of prevailing on the merits, specifically regarding two new buffer thresholds added to the rule just… Read more
“Permitting and Financing Your Bioenergy Project” Presented by Steve O’Day at the German American Bioenergy Conference
On September 22, 2015, Steve O’Day presented at the German American Bioenergy Conference, held at the Marriott Marquis in Atlanta, an event sponsored by the German American Chamber of Commerce. To view the presentation, “Permitting and Financing Your Bioenergy Project,” click HERE.
Southern Solar Summit: The Solar Market is Red Hot and Rocking the South
SGR’s Steve O’Day will be a speaker at the 7th Annual Southern Solar Summit on Thursday, September 10, 2015. The Summit will explore financial options for solar projects, operations, and maintenance for utility-scale solar, and the increasing popularity of community solar. O’Day will speak about the Georgia Solar Energy Free-Market Financing Act (HB57) and will moderate a panel on the new law’s opportunities and challenges for nonprofits, small businesses, and residential customers. The Summit will be held at the GTRI Conference Center, 250 14th St., NW, Atlanta, GA 30303.
Is EPA Formalizing a More Rigorous Chemical Health Assessment Process?
EPA announced in June the creation of its new Chemical Safety Advisory Committee (CSAC), established under the Federal Advisory Committee Act, and is seeking nominations for members. The CSAC will render “expert scientific advice, information, and recommendations to the Office of Pollution Prevention and Toxics on the scientific basis for risk assessments, methodologies, and pollution prevention measures or approaches.” The primary risk assessment work of the Office of Pollution Prevention and Toxics (OPPT) is its review under the Toxic Substances Control Act (TSCA) of 83 chemicals which it has prioritized for risk assessment for toxicity, persistence and consumer exposure. The… Read more
EPA’s Cross-State Air Pollution Rule Affirmed by DC Circuit
In a unanimous ruling, the U.S. Court of Appeals for the D.C. Circuit largely affirmed EPA’s Cross-State Air Pollution Rule (CSAPR) on July 28. EPA v. EME Homer City Generation, L.P. (D.C. Cir. July 28, 2015). CSAPR is the emissions trading program to address interstate pollution from power plants. The case was on remand to the D.C. Circuit from the Supreme Court, which largely upheld the rule in 2014. The D.C. Circuit still had to rule on several objections to CSAPR from industry and some states. In an opinion by Judge Brett Kavanaugh, the court upheld several principles underlying CSAPR, such as… Read more