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insightSeven months into the COVID-19 pandemic, concerns remain that the economy is not achieving a “V”-shaped recovery, and many businesses and industry sectors continue to struggle.
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insightClick on the button below for a full PDF of the Environmental Newsletter. View PDF
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insightThe Commissioner of Internal Revenue announced the 2021 dollar limitations for benefits and contributions that apply to retirement plans.
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insightCorporate Partner Dave Dallas provides executives with a concise and creative list of suggestions and key considerations to help guide their businesses’ COVID-19 recovery planning.
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insightThe U.S. Fish & Wildlife Service and the National Marine Fisheries Service (together, the “Services”) recently issued a proposed rule adding a definition of “habitat” to the regulations implementing Section 4 of the Endangered Species Act (ESA). Many infrastructure and development projects hang in part on review by the Services (as well as by state natural resource agencies) of their potential impacts on listed endangered and threatened species. These determinations take into account any adverse impacts on protected species’ habitat. Thus, what qualifies as “habitat” under the new definition can dictate whether a project will succeed or fail.
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insightThe United States Environmental Protection Agency (EPA) is in the process of a regulatory crackdown, spurred by the current pandemic, which may have broader effects than meet the eye and which raises questions that do not have clear answers. The subject of this regulatory action is the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), with the targets being large e-commerce marketplaces; however, the action taken by EPA may have more far-reaching effects than just on these on-line websites.
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insightIn late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent Navigable Waters Protection Rule (Rule). The Southern Environmental Law Center and other groups (together, “Environmental Groups”) complain the Rule vastly reduces areas formerly protected by the CWA in violation of the Administrative Procedures Act, the CWA, and United States Supreme Court precedent. The United States District Court for the District of South Carolina must now decide whether the case should go to trial or be dismissed.
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insightThe obligation of manufacturing facilities to report releases of hazardous substances to local, state, or federal authorities is a complex regulatory subject. Multiple variables may impact whether a facility with a release to the environment can expect an enforcement action if the release isn’t reported as required by law.
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insightIt took nearly thirty years, but EPA has updated the test methods used to determine whether a waste is an ignitable hazardous waste under the Resource Conservation and Recovery Act (RCRA). The revisions are intended to provide greater clarity and flexibility for generators navigating the alcohol exclusion, use of mercury-free thermometers, and evaluation of multi-phase wastes.
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insightIt is a universal truth that closely reviewing an air permit will cure the worst case of insomnia. Isn’t that why you hire a lawyer? The pages are dense with legalese and technical jargon that make no practical sense. There are nuances that require Clean Air Act experience and a course of dealing with the permitting authority to determine what can be changed, how, and when.