Environmental Law Matters Blog | Burr & Forman LLP

Supreme Court Hears Arguments in Clean Water Act Case

Fri, 21 Dec 2012 09:00:01 -0500

The Supreme Court had oral arguments last Monday (December 3) in Decker v. Northwest Environmental Defense Center, just after EPA the previous Friday (November 30) surprisingly issued a new rule clarifying that a NPDES permit is not required for stormwater discharges from logging roads. EPA, in its statement on the new rule, says: "In Northwest Environmental Defense Center v. Brown (NEDC), 640 F.3d 1063 (9th Cir. 2011), a citizen suit was filed alleging violations of the Clean Water Act for discharging stormwater from ditches alongside two logging roads in state forests without a ...

Georgia EPD Proposing New Requirements on New Inert Waste Landfill Operations

Fri, 14 Dec 2012 09:00:02 -0500

Georgia EPD is proposing to require any new inert waste landfill operations to obtain an inert waste landfill solid waste handling permit. It also provides a transition period to allow existing inert waste landfill operations to comply with these new requirements or close under the existing inert waste landfill permit by rule closure criteria. EPD will be requiring specific design and operational criteria, and will impose a solid waste handling permit process to replace the existing notification of permit by rule (PBR) operations.

Land Protection Brand of Georgia EPD Organizational Changes

Fri, 23 Nov 2012 09:00:03 -0500

The Land Protection Branch of Georgia EPD recently announced several organizational changes. The reorganization became effective on August 1, 2012. Included among the Branch reorganization are: - The position of Assistant Branch Chief has been established and is held by Jeff Cown - A new Special Projects role for data management and work process improvements is held by Renee Hudson Goodley - Response and Remediation Program now includes the Brownfields Unit. Derrick Williams has assumed the role of Program Manager, moving from the Underground Storage Tank Program - The new ...

Approaching Compliance Dates: Stationary Engines

Fri, 16 Nov 2012 09:00:04 -0500

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 ...

D.C. Circuit Vacates EPA's Cross-State Air Pollution Rule

Fri, 09 Nov 2012 09:00:05 -0500

On August 21, the D.C. Circuit Court of Appeals, in EME Homer City Generation, L.P v. EPA, F.3d (D. C. Cir. 2012), vacated the Cross-State Air Pollution Rule (CSAPR, also known as the "Transport Rule") and remanded the rulemaking proceeding to EPA. The D.C. Circuit directed EPA to continue to administer the Clean Air Interstate Rule (CAIR) "pending implementation of a valid replacement". Judge Brett Kavanagh wrote for the Court: Here, EPA's Transport Rule exceeds the agency's statutory authority in two independent respects. First, the statutory text grants EPA authority to ...

5th Circuit SIP Decision May Have Broader Applicability

Fri, 02 Nov 2012 09:00:06 -0400

On August 13, the Fifth Circuit Court of Appeals issued its decision in State of Texas v. EPA, No. 10-60614 (5th Cir. Aug. 13, 2012), affirming Texas's State Implementation Plan (SIP) allowing for "flexible permits." Under Texas's Flexible Permit Program, a facility may make modifications without agency review so long as aggregate emissions do not exceed an emissions cap for the facility. The case could have broader implications across the country, if other courts adopt the Fifth Circuit's reasoning to allow increased flexibility in state air permitting programs. In this case ...

White House Announces Expedited Schedule for Renewable Energy Projects

Fri, 26 Oct 2012 09:00:07 -0400

On August 7, the White House announced an expedited approval schedule for seven solar and wind projects on federal and tribal lands in Arizona, California, Nevada and Wyoming totaling 5,000 megawatts (MW) of energy-producing capacity, an amount sufficient to power roughly 1.5 million homes. Three of the proposals would be first to come on line. The Quartzsite, McCoy and Desert Harvest solar energy facilities represent a combined 1,000 MW of capacity, and are on schedule for approval this year. Another project announced is the 3,000 MW Chokecherry and Sierra Madre wind energy ...

Final FTC Green Guides Published

Fri, 19 Oct 2012 09:00:08 -0400

The final Federal Trade Commission (FTC) Green Guides were officially published in the October 11, 2012 Federal Register. View the newly revised Green Guides here: Federal Register - FTC Revised Green Guides For more information on environmental law topics, please contact one of the Burr & Forman team members for assistance. We are happy to answer any questions or concerns you may have.

FTC Issues Revised "Green Guides"

Fri, 12 Oct 2012 09:00:09 -0400

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 ...

Gibson Guitar Corp. Agrees to Resolve Investigation Into Lacey Act Violations

Fri, 05 Oct 2012 09:00:10 -0400

On August 6, 2012, Gibson Guitar Corp. entered into a criminal enforcement agreement with the United States, resolving a criminal investigation into allegations that the company violated the Lacey Act by illegally purchasing and importing ebony wood from Madagascar and rosewood and ebony from India. The Lacey Act prohibits the importation into the United States of plants and plant products that have been harvested and exported in violation of the laws of another country. The agreement requires Gibson to pay a penalty amount of $300,000 and provides for a community service payment ...