Posts from July 2013.

Updating an ongoing issue related to options for new ash regulations, the U.S. House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2218) on July 25, 2013. The legislation would regulate the ash from coal-fired power plants by classifying it as a solid waste under Subtitle D of the federal Resource Conservation and Recovery Act. An Associated Press report provides details. The prospect of some form of enhanced regulation of coal ash has been a contentious issue for several years. Following a 2008 breach of a coal ash impoundment operated by TVA in Kingston ...

The Georgia Court of Appeals, on July 16, issued its opinion affirming the Effingham County Superior Court's decision to certify a class consisting of the owners of properties neighboring Georgia-Pacific's Savannah River Mill in Rincon. Plaintiffs, owners of four of the neighboring properties, argued that the mill releases hydrogen sulfide gas onto their properties and sought class certification to include properties located within a mile of the mill. Plaintiffs brought claims for nuisance, trespass, and negligence in connection with fumes created in connection with the ...

The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. Oversimplifying the facts and legal theories, the Supreme Court extended previous rulings to a situation whereby the governmental entity denied a request/permit for the failure of the applicant to agree to "suggested" alternative concessions proposed by the local government. The alternative concessions included mitigation measures, conservation ...

The Tennessee Department of Environment and Conservation is once again partnering with the Tennessee Stormwater Association, the Tennessee Valley Authority and the Tennessee Department of Transportation to offer grants to local governments to fund green infrastructure and low-impact development projects. A total of $200,000 in grants will be available for allocation over the next two years. Grants ranging from $10,000 to $30,000 will be awarded through a competitive process for projects such as rain gardens, green roofs, pervious concrete applications, trees and tree ...
Posted in: Tennessee
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