Georgia EPD Appoints New Brownfield Program Coordinator

Beth Blalock has been named the new Brownfield Coordinator for the Georgia Environmental Protection Division, replacing Madeleine Kellam, who has led the brownfield program since its inception and will retire at the end of 2014. Ms. Blalock is an environmental attorney (UGA, 2003), with a background in environmental and land use law. Her prior experience [...]

Read the full article

FDEP Touts the Success of the State’s Brownfields Redevelopment Program

Florida Department of Environmental Protection (FDEP) touts the success of the State’s Brownfields Redevelopment Program.  Since its inception in 1997, Florida’s Brownfields Redevelopment Act ( Florida Statutes Sections 376.77 -376.85) has been viewed as successfully encouraging the redevelopment of abandoned or underutilized industrial and commercial property. The Brownfield’s program provides a mix of regulatory and [...]

Read the full article

Current Ethanol Blending Mandate Generates Interesting Opponents and Forces Delay

An increasingly pitched battle between business and agricultural interests over the blending of ethanol in gasoline has turned its focus to EPA’s rulemaking mandate which sets the minimum volume of renewable fuel sold annually in the U.S.  This Renewable Fuel Standard (RFS) has drawn significant attention because opponents of the use of ethanol in gasoline [...]

Read the full article

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency (slip opinion) where it  affirmed EPA’s authority to impose limits for greenhouse gas (GHG) emissions by major emissions sources that are otherwise required to have a Clean Air Act permit for conventional pollutants.  At [...]

Read the full article

Recent Projects Indicate Opportunities for Redevelopment of Brownfields

Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties.  As individuals and companies around the nation began to reassess the impacts of sprawl, the ability to redevelop brownfield properties provides an opportunity to make [...]

Read the full article

Florida Supreme Court Rules in Favor of Water Management District

On May 22, 2014 the Florida Supreme Court in South Florida Water Management District v RLI Live Oak, LLC, No. SC12-2336 ruled that in circumstances where a Florida Statute authorizes a state governmental agency like the Water Management District to recover a civil penalty in a judicial forum, then the agency must only prove the [...]

Read the full article

EPA Revises Construction and Development Stormwater

In March, EPA published a new Final Rule that revised a 2009 Final Rule addressing stormwater discharges from its Construction and Development (C&D) point source category.  The March revision withdrew the numeric turbidity effluent limitation and monitoring requirement and made certain other changes and clarifications.  (Federal Register: March 6, 2014 Federal Register)  The revised rule [...]

Read the full article

Federal Court of Appeals Strikes Down A Portion of the EPA’s Rule Limiting a Court’s Authority for Imposing Civil Fines for Equipment Failures

Federal Court of Appeals strikes down a portion of the EPA’s rule limiting a Court’s authority for imposing civil fines for equipment failures.  While upholding portions of EPA’s new  rules for air toxic emissions for cement kilns, in a ruling dated April 16th the District of Columbia Court of Appeals struck down the provision that [...]

Read the full article

Supreme Court Upholds EPA Rule Limiting Cross-State Pollution

The Supreme Court handed the Obama administration a victory on Tuesday, April 29, 2014, when it injected new life into an Environmental Protection Agency rule targeting air pollution that drifts across state borders. EPA struggled for many years to carry out a Clean Air Act directive to protect downwind states from pollution generated in other [...]

Read the full article

Georgia EPD Changes Marsh Buffer Policy

On April 22, Judson Turner, director of Georgia’s Environmental Protection Division, issued a memorandum that changes how the agency and local government development authorities are to measure vegetated buffer requirements along coastal marshland. The Georgia Erosion and Sedimentation Control Act requires a 25 foot vegetated buffer adjacent to waters of the state, in which no [...]

Read the full article