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 [...]

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Recent Projects Indicate Oppertunities 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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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Latest Report of Intergovernmental Panel on Climate Change Stresses Need for Adaptation

This past Monday (March 31), Working Group II of the Intergovermental Panel on Climate Change (IPCC) presented its report:  Climate Change 2014:  Impacts, Adaptation, and Vulnerability.  Copies of the two-volume report can be viewed at the IPCC.  The IPCC acts under the auspices of the United Nations and is composed of over 800 scientists and [...]

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EPA and the Army Corps Announce a Proposed Rule to Clarify Wetlands and Tributary Jurisdiction

In a news release dated March 25th 2014,  EPA and the Army Corps outlined a new proposed joint rule to clarify the scope and definition of the “waters of the United States” under the Clean Water Act in an attempt to address issues raised in  two separate Supreme Court cases decided in 2001 and 2006. [...]

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EPA, Army Corps of Engineers Propose Rule Clarifying Clean Water Act Jurisdiction

On March 25, the US Environmental Protection Agency and U.S. Army Corps of Engineers released a proposed rule to clarify Clean Water Act jurisdiction over streams and wetlands by re-defining “Waters of the United States” in light of a series of Supreme Court decisions wrestling with the issue of whether a particular water body (e.g., [...]

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