Updates on Environmental, Administrative and Regulatory Law
Surveying the landscape – an approach to compensatory mitigation
Attorney Tommy Lavender writes for the American College of Environmental Lawyers. Read more.
Air Regulation in South Carolina
Attorney Phil Conner presented "Air Regulation in South Carolina," a CLE presentation to the South Carolina Bar on June 3, 2016, in Columbia, SC. Conner conducted the CLE to introduce the fourth edition of the book entitled "Environmental Law in South Carolina." Continue Reading.
EPA's Proposed Cross-State Air Pollution Update Rule
On November 16th, EPA proposed an “update” to its Cross-State Air Pollution Rule (CSAPR) ozone season requirements. Starting in 2017, the proposal is intended to reduce summertime emissions of nitrogen oxides (NOx) from power plants in 23 eastern States. Continue Reading.
Sixth Circuit Stays New 'Waters of the United States' Wetlands Rules
On October 9th, the U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay precluding implementation of controversial new rules issued by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (COE) in May defining the scope of “waters of the United States” (WOTUS) that are subject to Federal regulatory jurisdiction under the Clean Water Act (CWA). Continue reading.
EPA Strengthens Power Plant Water Discharge Regulations
On September 30, 2015, the EPA finalized a revision to its wastewater effluent standards for power plants. The new regulation (which takes effect sixty days after Federal Register publication of the revision) updates a 1982 standard for power plant wastewater discharges. Continue reading.
Update 2 on WOTUS
The federal district judge in North Dakota who granted an injunction to thirteen states for changes to the scope of the jurisdiction of the Clean Water Act has refused to expand his injunction nationwide. EPA has stated that it will only respect the injunction in the thirteen states granted injunctive relief. Continue reading.
Update on New Clean Water Act Rule
On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take effect). Continue reading.
The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina
In Chestnut, et al v. AVX Corporation, the South Carolina Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination which did not directly impact a plaintiff’s property – but is alleged to have impacted the property value by being near to the pollution. Continue reading.
EPA Releases EJ Mapping and Screening Tool
On June 10, 2015, EPA released EJScreen, an environmental justice (EJ) screening and mapping tool which replaced EJView, a previous publicly available EJ screening tool. EJScreen will provide EPA with a nationally consistent database and approach for combining environmental and demographic indicators into EJ indexes. Continue reading.
EPA's Carbon Dioxide Plan Can Proceed
On June 9th, the U.S. Court of Appeals for the District of Columbia Circuit rejected two petitions seeking to block EPA’s proposed Clean Power Plan to reduce carbon dioxide emissions from existing electric generating plants. A three judge panel of the court held that since EPA’s plan is currently only proposed it cannot be reviewed by the court until it is finalized by the agency. Continue reading.
EPA Updates its Audit Disclosure Policy
In April 2000, the EPA issued its "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," 65 Federal Register 19, 618 (4/11/2000) (known as The Audit Policy). The purpose of a company's self-disclosure of a potential violation is to avoid criminal prosecution and obtain a significant reduction in civil penalty calculations. Continue reading.
EPA, Corps of Engineers Issue New Clean Water Act Rule
On May 27, 2015 the EPA and the Corps of Engineers issued a prepublication version of its final rule to define "waters of the United States" 40 CFR 230. Soon the final rule will be published in the Federal Register and will take effect sixty days after publication. Continue reading.
Nexsen Pruet's Environmental, Administrative and Regulatory Law Group provides this Blog as a courtesy to business and property owners across the Carolinas. It is for informational purposes only, not legal advice. If you have questions, please contact our EARL practice group leader Tommy Lavender at 803.253.8233.