Posts in General Environmental Law.
As the New Year begins, a number of issues will compete for attention from Congress and the courts, and we may even get some final determinations about matters that have been long simmering. Much of the substantive work of the Obama Administration has been put into place and is currently subject to various challenges. Many of these will either be decided or will progress substantially during the coming year. Nonetheless, EPA has proposed a full agenda of rulemaking activities for 2016, including both projected notices of proposed rulemaking and publication of final rules for a wide ...
Posted in: Climate Change, Environmental Protection Agency, EPA, General Environmental Law, Regulations, Water Regulations
Tags: 2016, burr and forman, burr forman, Clean Power Rule, environmental, Environmental Blog, environmental law, environmental protection agency, epa, Global Warming Summit, Mercury and Air Toxics Rule, Obama, Waters of the United States Rule
Georgia legislature warms up to solar panels, gets protective of coastal marshes, withdraws support for electric cars, and sacrifices LEED certifications in favor of jobs. April 2, 2015 marked final adjournment of the 2015 Georgia legislative session. Upon adjournment, the legislature sends five key environmental bills to Governor Deal for signing. (1) HB 57 - Solar Power Free-Market Financing Act of 2015 ("Solar Freedom Bill") The Solar Freedom Bill allows property owners to finance the addition of solar panels to their properties as they would finance cars or homes. The ...
Tags: coastal marshes, environmental law, environmental law matters, georgia, Green Certification Bill, HB 170 - Transportation Funding Act of 2015, HB 255, HB 397 - Soil and Water Commission Overhaul, HB 57 - Solar Power Free-Market Financing Act of 2015, LEED, LEED Certification, Salt-Water Marsh Bill, SB 101, Solar Freedom Bill, solar panels, Transportation Bill
Expectations are running high among some that the incoming Republican majority in both Houses of Congress will act to change or eliminate various environmental regulations and statutory provisions that they claim harm the economy. Interest groups are extending these efforts to enlist State officials in opposing these regulations at that level and, for his part, President Obama has indicated an intent to use his veto authority in an effort to prevent major changes in regulation and policy. One of the foremost issues of concern on the part of many Republicans is the proposal to limit ...
Tags: Chairman of the Environment and Public Works Committee, clean air act, Clean Power Plan, environmental protection agency, environmental regulations, epa, Republicans, Senator Inhofe
A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the applicant thinks he or she is in good shape going into the public hearing with the city or county commissioners, only to walk in to commission chambers and discover a small army of citizens with identical t-shirts or "Save our Neighborhood" buttons protesting the application because they don't want the development in their backyard -- the dreaded NIMBYs (Not In My ...
Posted in: General Environmental Law, Regulations
The federal Bureau of Land Management announced today that it will extend by 60 days the public comment period on its revised proposed rule on hydraulic fracturing on federal lands. The comment period was set to expire June 24, and the additional 60 days will begin thereafter. To view the proposed rule, please visit http://www.blm.gov/pgdata/etc/medialib/blm/wo/Communications_Directorate/public_affairs/hydraulicfracturing.Par.91723.File.tmp/HydFrac_SupProposal.pdf For BLM's synopsis of the draft rule, please visit ...
Posted in: General Environmental Law, Regulations
As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund") was amended in 2002 to provide a defense against liability for existing property contamination for a class of purchasers who were not otherwise responsible for the condition. This is specifically referred to as the Bona Fide Prospective Purchasers ("BFPP") defense. It can be asserted to avoid liability under Superfund if a party can demonstrate its compliance with applicable ...
Posted in: General Environmental Law
Compliance dates for the National Emission Standard for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines (RICE), 40 CFR 63 Subpart ZZZZ, for existing sources are soon approaching. In 2010, EPA expanded the applicability of this rule to control hazardous air emissions not only from new engines but also existing engines, regardless of whether those engines are located at major source or area (minor) sources of HAPs. Types of engines covered include non-emergency engines used for power generation (including peak shaving), emergency backup power ...
Posted in: General Environmental Law
Tags: burr and forman, burr forman, diesel, environment, environmental, hap, hazardous air pollutants, national emission standard for hazardous air pollutants, neshap, reciprocating internal combustion engines, rice
On October 1, 2012, after many years of study and evaluations of several iterations, the Federal Trade Commission issued revised "Green Guides" targeting environmental marketing claims. The revised Green Guides include updates to the existing Guides and new sections on the use of carbon offsets, "green" certifications and seals, and renewable energy and renewable materials claims. The modified Guides warn against making broad, unqualified claims that a product is "environmentally friendly" or "eco-friendly", deeming these claims "nearly impossible to ...
Posted in: FTC, General Environmental Law
"The complex system of environmental laws and regulations impact our clients' businesses in a variety of contexts. Our attorneys regularly counsel clients on environmental legal issues arising in business strategy, regulatory compliance, permitting, transactions and resolution of disputes. Land conservation, historic preservation, brownfield redevelopment, environmental remediation, recycling, greenhouse gas, climate change, and regulation of air, water and wastes, all have the potential to pose challenges to corporate or real estate transactions. Our attorneys ...
Tags: alabama, brownfield redevelopment, burr and forman, burr forman, climate change, environment, environmental, environmental regulation, florida, georgia, greenhouse gas, historic preservation, land conservation, Mississippi, recycling, remediation, Tennessee