Justice
A Message from our Executive Committee Chair, Tally Parham Casey: As South Carolina lawyers, we took an oath to “assist the defenseless or oppressed by ensuring that justice is available to all citizens….” We cannot tolerate the persistent violence against our African-American brothers and sisters. As friends, we cannot be silent. The injustice is antithetical…
Is your business taking steps to reduce its COVID-19 liability?
Brittany Arsiniega
May 19, 2020
Liability waivers are a well-known staple in the business world. These waivers are written contracts, or provisions inserted into service agreements, in which you, the business owner, put your customers or clients on notice of the risks of participating in whatever activity – or accepting whatever services – your business provides. You’ve signed one of…
Eviction Moratorium
Kara Bailey Hamilton
May 13, 2020
Per Chief Justice Beatty’s April 30, 2020 Order, all evictions currently ordered and scheduled statewide in South Carolina will resume May 15, 2020. The magistrate courts will also begin accepting new evictions at that time. However, in a follow-up May 6, 2020 Order, Chief Justice Beatty clarified any party pursuing an eviction in South Carolina…
SC Lowcountry Boundaries Moved as Part of Statewide Project
Josh Lonon
March 21, 2018
Lowcountry residents likely didn’t notice, but Jasper County, South Carolina recently grew a bit, while neighboring Beaufort County shrank. On February 7, Governor Henry McMaster signed S.C. Act 130, effective immediately, to adjust the boundary lines between the two Counties as agreed between them. In all, Jasper County has annexed 22.34 acres from Beaufort County…
SC Manufacturer Liability Protection Act Limits Nuisance Actions Against Manufacturing Facilities
Rita Bolt Barker
March 12, 2018
On February 8, 2018, the SC General Assembly passed A132, R136, H3653, the Manufacturer Liability Protection Act, legislation that limits the ability of residents near manufacturing facilities to claim that the facility is creating a nuisance as long as the facility is following the law and has current permits. Under the law, a manufacturing facility…
DHEC Issues Emergency Orders in Advance of Hurricane Irma
Rita Bolt Barker
September 8, 2017
The South Carolina Department of Health and Environmental Control’s (DHEC) Office of Ocean and Coastal Resource Management has implemented its emergency operations plan in preparation for Hurricane Irma. DHEC issued emergency orders to local governments to allow beachfront property owners to conduct minor renourishment, sand scraping or sandbag installation to provide temporary protection. These emergency…
President Trump Orders Review of National Monuments
Rita Bolt Barker
April 28, 2017
If you’re planning a family vacation to tour the most recently designated national monuments, you might want to expedite that trip. On Wednesday, President Trump signed an Executive Order instructing Interior Secretary Ryan Zinke to review any national monument created since January 1, 1996, that spans at least 100,000 acres, or “where the Secretary determines…
Trump Directs Review of EPA’s Waters of the US Rule
Rita Bolt Barker
February 28, 2017
On Tuesday, President Trump fulfilled a campaign promise to reduce and scrutinize environmental regulations and signed an executive order directing the US Environmental Protection Agency and the US Army Corps of Engineers to review the Waters of the United States (WOTUS) Rule, a key Obama Administration regulation intended to more clearly define which waterbodies fall within the jurisdiction…
Stream Protection Rule Repealed
Rita Bolt Barker
February 17, 2017
Acting under the authority of the little-known Congressional Review Act, which allows Congress to overturn rules passed in the previous 60 working days, yesterday President Trump signed legislation repealing the Office of Surface Mining’s Stream Protection Rule, a key Obama administration regulation aimed at protecting waterways from coal mining waste. The regulation stated that coal…
General Assembly to Consider Reauthorization of State Conservation Bank
Wade S. Kolb III
January 30, 2017
Reauthorization of the State Conservation Bank is before the General Assembly this year, with the current authorization set to expire in 2018. Since its founding in 2002, the State Conservation Bank has been the vehicle for protection of some 290,000 acres in South Carolina, including wetlands, forests, farmland, and historic sites. The Bank funds both…
Trump Taps Oklahoma AG to Lead EPA
Wade S. Kolb III
December 8, 2016
President-elect Trump announced today that he will nominate Oklahoma Attorney General Scott Pruitt to lead the Environmental Protection Agency. As Oklahoma’s AG, Mr. Pruitt has been a frequent opponent of EPA initiatives, joining Oklahoma in a lawsuit with numerous other states challenging the Administration’s Clean Power Plan. Widely regarded as an ally of the energy…
Possible Trump Picks for EPA Administrator
Gregory (Greg) J. English
November 28, 2016
As President-Elect Trump slowly selects members of his cabinet, speculation mounts on his likely candidates for EPA Administrator. According to some media sources, the short list includes the following: Myron Ebell: Mr. Ebell is leading Trump’s EPA transition team. He is the Director of the Center of Energy and Environment at the Competitive Enterprise Institute,…
EPA Releases Environmental Justice Plan
Rita Bolt Barker
October 28, 2016
It feels great to be back in action in the blogosphere. (Forgive our absence; we were migrating servers.) The US Environmental Protection Agency is also back in action in the environmental justice arena. As background, environmental justice is defined as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin,…
Administration Rolls Out Final Emissions Standards for Big Trucks
Wade S. Kolb III
August 17, 2016
EPA and the U.S. Department of Transportation finalized new emission and fuel efficiency standards yeterday for “medium- and heavy-duty vehicles.” These categories include not only 18-wheelers but also buses, vans, and large pickup trucks among others. According to EPA, the vehicles covered account for only 5% of road traffic but 20% of emissions and fuel…
EPA Finalizes Formaldehyde Rule Regulating Composite Wood Flooring and Furniture
Rita Bolt Barker
August 5, 2016
When I hear the word formaldehyde, my mind drifts back to the specimens preserved in my middle school biology classroom. But last week I was reminded that formaldehyde is used in many other applications, including in adhesives in composite wood flooring and furniture. You might be wondering why an environmental law blog is concerned with…
EPA Makes It Easier for Citizens to Report Environmental Violations
Rita Bolt Barker
July 25, 2016
The US Environmental Protection Agency’s Office of Enforcement and Compliance Assurance has made it easier for citizens to report environmental violations. It has established a website for reporting suspected environmental violations. With a few strokes on the keyboard, users can submit information about a suspected violation (such as the suspected violator’s name and location and…
Trader Joe’s Settles Clean Air Act Violations
Rita Bolt Barker
July 22, 2016
It’s impossible to imagine that anyone could ever dislike Trader Joe’s. After all, it is the go-to source for such pantry necessities as cookie butter. But the US Environmental Protection Agency was less than impressed with the company’s failure to (a) repair leaks of the ozone-depleting coolant R-22, which the company’s stores use to…
TSCA Reform: Congress Passes First Major Environmental Legislation in More Than 25 Years
Rita Bolt Barker
June 10, 2016
The Toxic Substances Control Act of 1976 (TSCA) is being reformed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. TSCA regulates the manufacture, transportation, sale and use of thousands of chemicals, so this is big news for anyone who makes and/or uses chemicals, which is all of us. TSCA 2.0 is…
SCOTUS Addresses WOTUS
Gregory (Greg) J. English
May 31, 2016
The Supreme Court of the United States (SCOTUS) has ruled that property owners have a right to immediate judicial review of jurisdictional wetlands determinations made by the U.S. Army Corps of Engineers. On May 31, 2016, SCOTUS issued an 8-0 opinion in U.S. Army Corps of Engineers v. Hawkes Company. The Corps had determined that Hawkes…
Methane Emissions Rule Finalized
Wade S. Kolb III
May 13, 2016
Methane emissions from oil and gas wells are the latest target of the Obama administration’s plan to combat climate change. A final rule on these emissions was issued yesterday, and it will require oil and gas companies to curb emissions from new, modified and reconstructed wells and storage tanks but not older wells and tanks.…
Beach Monitoring Season Begins May 1
Wade S. Kolb III
April 25, 2016
Warmer weather has come to South Carolina, but don’t confine your preparations for your next beach vacation to gym time, finding the right bathing suit, and stocking up on suntan lotion. Make sure the water you will be enjoying is healthy for swimming by checking out DHEC’s nifty South Carolina Beach Access Guide. The beach…
Celebrate Earth Day
Rita Bolt Barker
April 22, 2016
Happy Earth Day! Time to don your recycled party hats and celebrate. Today more than 150 world leaders will meet at the United Nations Headquarters in New York to sign the Paris Agreement, a landmark commitment to reduce greenhouse gas emissions. For its part, the United States has pledged to reduce greenhouse gas emissions in 2025…
SC House Wants to Bag the Bag Bans
Rita Bolt Barker
April 13, 2016
Several communities in South Carolina, including Isle of Palms, have banned single-use plastic bags and other containers or are considering such bans, because of the containers’ adverse impacts on the environment, particularly marine and wildlife. The SC House wants these communities (and any others out there considering similar bans) to bag the bag bans and…
EPA Announces Safer Choice Label for Cleaning Products
Rita Bolt Barker
April 8, 2016
While the US Environmental Protection Agency (EPA) cannot help you make good choices in every aspect of your life (like whether enjoying all those Friday morning donuts at the office was truly a good idea), it has released its “Safer Choice” label to help you make safer choices when purchasing cleaning products. If a product…
Glass Recycling Ends in Upstate South Carolina
Rita Bolt Barker
March 24, 2016
The glass (recycling industry) is not half full these days. Upstate South Carolina citizens will no longer be able to recycle household glass because there are no remaining materials recovery facilities (known as MRFs in the waste management industry) to accept the glass. Upstate Forever has prepared a detailed summary of why glass recycling has…
Atlantic Coast Removed from Offshore Drilling Plan
Wade S. Kolb III
March 15, 2016
The federal government did an “about-face” today, reversing a 2015 proposal to open up stretches of the Atlantic Ocean, including the continental shelf off the coast of South Carolina, for offshore oil drilling as soon as 2021. We previously blogged about the proposal last year, noting that numerous environmental groups as well as local governments…
EPA Releases Drinking Water Mapping Tool
Rita Bolt Barker
March 14, 2016
If the drinking water issues in Flint, Michigan have you thinking twice about enjoying a refreshing glass of water from your tap, consider using the US Environmental Protection Agency’s Drinking Water Mapping Application to Protect Source Waters, known as DWMAPS. This online mapping tool offers the public, water system operators, and state and federal agencies…
SCOTUS Halts Clean Power Plan
Wade S. Kolb III
February 10, 2016
A divided US Supreme Court yesterday halted implementation of the Obama administration’s Clean Power Plan. We have previously blogged about the Clean Power Plan on numerous other occasions—so you may know all you wish to know about it for now—but it represents the federal government’s most aggressive action yet to combat climate change. Under the…
EPA Seeks Faith Community’s Assistance to Reduce Food Waste
Gregory (Greg) J. English
February 2, 2016
More food waste is sent to landfills and incinerators than any other waste, including plastics and metals combined. In 2013, 37 million tons of food waste were generated and thrown into landfills or incinerators. In addition to the volume it takes, food in landfills emits methane. To help reduce food waste, EPA has joined Miriam’s…
Latest Toxics Release Inventory Issued
Rita Bolt Barker
January 29, 2016
Industrial facilities can give themselves a pat on the back. According to the US Environmental Protection Agency’s recently released 2014 Toxics Release Inventory (TRI), only 16% of the 25 billion pounds of toxic chemical waste managed at the country’s industrial facilities was released to the air or water or placed in some type of land…
Say Goodbye to Microbeads
Rita Bolt Barker
January 21, 2016
While many of you were taking down your holiday lights, President Obama signed into law the Microbead-Free Waters Act of 2015 (catchy title, right?). Just when we thought Congressional members could agree on nothing, the ban on microbeads sailed through both the House and Senate with relative ease. Why? Probably because microbeads, plastics used as…
The Top 3 Environmental News Stories of the Month
Rita Bolt Barker
December 22, 2015
Running out of topics to impress your friends and family with at holiday gatherings? Consider incorporating some of the latest and greatest news stories from the world of environmental law. Paris Climate Change Deal Reached: Leaders from nearly 200 countries around the world inked a landmark climate change deal in Paris, committing to reduce greenhouse…
EPA Launches eDisclosure Portal for Self-Disclosure of Environmental Violations
Rita Bolt Barker
December 14, 2015
The US Environmental Protection Agency (EPA) has launched its new eDisclosure Portal, which will modernize the implementation of the agency’s self-disclosure policies. Through its Audit Policy and Small Business Compliance Policy, EPA has long encouraged businesses to self-disclose civil environmental violations, offering penalty mitigation and other incentives for companies that discover, promptly disclose and expeditiously…
Greenville Selected for Inaugural Envision America Smart Cities Initiative
Rita Bolt Barker
December 4, 2015
Envision America, a White House initiative aimed at developing “smart cities” to address climate change and improve city services and energy efficiency through technology and project planning, has selected Greenville, SC as one of its first ten cities to participate in the inaugural program. Greenville joins Cambridge, MA, Dallas, TX, Los Angeles, CA, Milwaukee, WI,…
SC Dam Assessment Complete
Wade S. Kolb III
November 12, 2015
As we explained in our October 19 blog, DHEC has undertaken an assessment of all Class One and Class Two dams in South Carolina in the wake of the record rainfall and flooding during October. That assessment is now complete, and DHEC has issued emergency orders requiring the repair of some 75 dams statewide. In…
Lawsuits Follow Finalization of Clean Power Plan
Wade S. Kolb III
October 27, 2015
On Friday of last week, EPA’s Final Clean Power Plan was published in the Federal Register, starting the clock for legal challenges to the Plan to be filed. We have previously blogged about the Clean Power Plan in August 2015 and June 2014, but the rule became final only this past week. As we have explained…
DHEC Issues Emergency Orders on Dams
Wade S. Kolb III
October 19, 2015
On Friday, October 16, DHEC announced that it was issuing emergency orders requiring remedial actions at some 63 dams statewide. This decision follows the record flooding in South Carolina in early October, during which some 36 dams failed. Most of the dams subject to the emergency orders are in the Midlands, which saw some of…
Federal Appeals Court Issues Nationwide Stay of EPA’s “Waters of the United States” Rule
Rita Bolt Barker
October 16, 2015
The Sixth Circuit Court of Appeals has issued a nationwide stay of the US Environmental Protection Agency’s “Waters of the United States” Rule, which was issued in May and intended to clarify the scope of the Clean Water Act. The Rule has been subject to numerous challenges throughout the country and, prior to the Sixth Circuit’s stay,…
Corps Institutes Emergency Permitting Procedures
Rita Bolt Barker
October 7, 2015
The US Army Corps of Engineers, Charleston District (Corps), which has jurisdiction over South Carolina projects, has initiated emergency permitting procedures in response to conditions resulting from erosion and storm damage caused by Hurricane Joaquin. Some activities may proceed under Nationwide Permit #3, which authorizes the repair, rehabilitation, or replacement of structures or fills destroyed or…
Final Revisions to Agricultural Worker Protection Standard
Wade S. Kolb III
October 6, 2015
EPA has rolled out a final rule revising the 1992 Agricultural Worker Protection Standard (WPS). As we explained in our blog post about the draft rule in February 2014, the WPS protects the nation’s 2 million farm workers from risks that accompany the use of pesticides. Changes in the final rule include annual mandatory training for…
EPA Announces New Ozone Standard
Wade S. Kolb III
October 5, 2015
On Thursday, October 1 EPA announced a final rule setting a new standard for ground level ozone. The new limit of 70 parts per billion is significantly lower than the current level of 75 parts per billion but not as low as the draft rule EPA initially proposed in late 2014 of between 65 to 70…
EPA Issues Final Rule on Clean Water Act Electronic Reporting
Rita Bolt Barker
September 30, 2015
The US Environmental Protection Agency (EPA) has finalized its rule requiring Clean Water Act National Pollutant Discharge Elimination System (NPDES) users to electronically report data. States will have time to transition from paper reporting to electronic reporting. Most facilities subject to effluent monitoring requirements will be required to begin submitting data electronically one year following the…
SC Supreme Court Opens Door to “Stigma Damages”
Gregory (Greg) J. English
August 31, 2015
In a surprising 3-2 decision, the South Carolina Supreme Court ruled that environmental plaintiffs whose property is not contaminated may nevertheless be able to recover “stigma damages,” which include decreased property values resulting from negative perceptions associated with property that is contaminated or near contaminated property. In Chestnut v. AVX Corporation (Aug. 5, 2015), the…
President Obama Announces Clean Energy Initiatives
Rita Bolt Barker
August 27, 2015
On Monday, August 24th, President Obama announced a slate of executive actions and private sector commitments related to renewable energy, focused on both industry and consumers. The incentives are part of the White House’s continued emphasis on mitigating climate change impacts. Under the new incentives: Homeowners can more easily adopt renewable energy technologies by paying…
New Leadership at Upstate Forever
Wade S. Kolb III
August 13, 2015
Upstate Forever, one of South Carolina’s leading environmental and conservation organizations, announced last week that Andrea Cooper has been selected as its new executive director. Cooper will fill the considerable shoes of Brad Wyche, who left Wyche PA in 1998 to found Upstate Forever and has served as its executive director since that time. Cooper…
City of Greenville Announces Expanded Recycling Program
Rita Bolt Barker
August 10, 2015
The City of Greenville has received a $125,000 grant from The Recycling Partnership, a national recycling nonprofit, to assist with the City’s efforts to convert its current recycling collection system to an automated system. The grant funds will be used to purchase new 96-gallon recycling rolling carts and to educate city residents about the new…
Administration Announces New Clean Power Plan
Wade S. Kolb III
August 7, 2015
This week President Obama and EPA Administrator Gina McCarthy rolled out a long-awaited new rule addressing carbon emission standards for U.S. power plants. The new rule requires a 32% reduction in carbon emissions by 2030 from levels in 2005—a target actually more ambitious than the rule EPA first proposed last year, which we discussed on…
What is Seismic Surveying and is it Happening in South Carolina?
Rita Bolt Barker
July 29, 2015
Seismic surveying is the mapping of the ocean floor to conduct oil and gas exploration, evaluate seafloor conditions for renewable energy installations, and analyze marine mineral deposits. (If you want to know more about seismic testing, the US Geological Survey has provided an overview here.) In 2008, a federal moratorium on oil and gas development…
Twenty-Seven States, Including South Carolina, Initiate Challenges to EPA’s Clean Water Rule
Rita Bolt Barker
July 2, 2015
EPA’s Clean Water Rule, which defines “waters of the United States” that fall within Clean Water Act jurisdiction, was published in the Federal Register on June 29 and already faces numerous tests. Twenty-seven states, including South Carolina, have initiated challenges to the Rule. As of July 1, the roster of challengers includes: Texas, Mississippi and Louisiana…
Supreme Court Rules That EPA Did Not Properly Consider Costs in Regulating Mercury Emissions
Rita Bolt Barker
June 29, 2015
In a 5-4 decision issued today and authored by Justice Antonin Scalia, the US Supreme Court held that the US Environmental Protection Agency (EPA) did not properly consider costs that power plants would have to bear under the agency’s new regulations of mercury emissions. The case, Michigan v. EPA, combined with companion cases Utility Air…
EPA Releases Technical Guides Regarding Vapor Intrusion Assessment and Mitigation
Rita Bolt Barker
June 17, 2015
Last week, the US Environmental Protection Agency (EPA) released two technical guides related to vapor intrusion assessment and mitigation activities: The Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air, which applies to sites being evaluated under federal land cleanup statutes; and A companion document, the Technical Guide…
EPA Announces 1 Million in Grants for Brownfield Sites in SC
Wade S. Kolb III
June 10, 2015
In late May EPA announced that three recipients in South Carolina will receive grants totaling 1 million dollars for the cleanup of brownfield sites for the cleanup and redevelopment of brownfield sites. This year’s recipients are all in the Upstate, with the City of Greenwood receiving $200,000, the Pelzer Heritage Commission $400,000, and the City of Saluda…
S.C. Senate Approves Heigel to Lead DHEC
Wade S. Kolb III
June 8, 2015
The S.C. Senate voted to confirm Catherine Heigel as the next director of DHEC. She will assume her new position immediately. The agency announced this news in a press release, which you can read here.
Final Clean Water Rule Issued
Rita Bolt Barker
May 29, 2015
On Wednesday, the US Environmental Protection Agency and the US Army Corps of Engineers issued the final Clean Water Rule defining “waters of the United States” subject to regulation under the Clean Water Act. The final rule comes more than a year after the agencies published a proposed rule, which resulted in approximately 400 public…
Bank of America Issues $600 Million Green Bond
Rita Bolt Barker
May 15, 2015
On May 14, 2015, Bank of America issued a $600 million green bond to fund renewable energy and energy efficiency projects. In a statement issued by the bank, its chief operating officer Thomas Montag stated, “We believe green bonds will play an important role in closing the financing gap for renewable energy, energy efficiency and…
Agricultural Producers Beware: Dairy Owner Sentenced to Home Detention and Ordered to Pay Penalties for Cattle Wastes Discharged into French Broad River
Rita Bolt Barker
May 6, 2015
On April 30, 2015, the owner of one of North Carolina’s largest dairy farms, William Franklin Johnston, was sentenced to four years probation, six months of which must be spent in home detention, and has been ordered to pay a $15,000 fine, for his role in discharging cattle feces into the French Broad River in…
DHEC Names Choice for New Director
Wade S. Kolb III
April 27, 2015
The Board of the SC Department of Health and Environmental Control has named Catherine Heigel of Greenville as its choice to head the agency for the next four years. Heigel, who currently works as an attorney with Elliott Davis Decosimo in Greenville, served as president of Duke Energy South Carolina from 2010 to 2012 and…
EPA Releases 20th Annual Greenhouse Gas Inventory
Rita Bolt Barker
April 17, 2015
Earlier this week, the U.S. Environmental Protection Agency (EPA) released its 20th Annual Inventory of U.S. Greenhouse Gas Emissions for the 2013 calendar year. The inventory reveals a 2% increase in greenhouse gas emissions in 2013 from 2012 levels, attributed to increased energy consumption and coal use. Greenhouse gas emissions totaled 6,673 metric tons of…
New Air Quality Standards for Ozone Could Hamper Upstate SC Economic Development
Rita Bolt Barker
March 26, 2015
Upstate Employers Network recent featured Wyche Environmental Attorney Rita Barker as a guest blogger. The featured article can be found below. Under the Clean Air Act, the United States Environmental Protection Agency (EPA) establishes and reviews National Ambient Air Quality Standards, known as NAAQS. NAAQS are nationwide air quality goals designed to protect public health…
Public Comment Period to Close March 30 on Plan for Offshore Oil Development
Wade S. Kolb III
March 23, 2015
In late January 2015 the Department of the Interior took a tentative step toward allowing oil drilling off the coast of South Carolina and several other Southeastern states. The Department’s Bureau of Ocean Energy Management released a Draft Proposed Program (DPP) for 2017-2022 and for the first time has proposed opening areas off the South…
After DHEC Director Nominee’s Withdrawal, Agency Conducts Search for New Director
Rita Bolt Barker
March 18, 2015
Welcome back! We were on blogging hiatus while our new website was constructed. We hope you enjoy connecting with us on the redesigned website and blog. Now, back to environmental news… As we reported several weeks ago, the South Carolina Department of Health and Environmental Control (DHEC) Board nominated Eleanor Kitzman as the agency’s new…
A Founder. A Friend. A Legacy.
Rita Bolt Barker
January 26, 2015
Tommy Wyche’s visionary leadership shaped Wyche into a unique law firm where like-minded attorneys could build a meaningful practice in a community that they love. Tommy brought that same innovative spirit to help transform Greenville and conserve the Upstate’s natural beauty. It is with heavy hearts that we say farewell to our beloved founder and…
DHEC Board Names Eleanor Kitzman as New Director
Rita Bolt Barker
January 13, 2015
Following Catherine Templeton’s resignation as Director of the South Carolina Department of Health and Environmental Control (DHEC), the DHEC Board has named Eleanor Kitzman to the post. Kitzman formerly served as the state’s Insurance Commissioner from 2005 to 2007 and most recently worked as an executive for Starr Insurance Holdings in New York. The appointment…
DHEC Director Catherine Templeton Resigns
Rita Bolt Barker
January 9, 2015
Catherine Templeton, the director of the South Carolina Department of Health and Environmental Control (DHEC), announced her resignation from the agency, effective January 12, 2015. Templeton stated: “When Governor Haley pulled me from the private sector, I promised her four years of public service and I have fulfilled my commitment. I’m looking forward to serving…
EPA Releases Strategic Plan for 2014-2018
Wade S. Kolb III
December 23, 2014
The Environmental Protection Agency has released for public comment a draft strategic plan for the agency’s next four years. The Draft FY 2014-2018 EPA Strategic Plan (the “Plan”) is used to support implementation of EPA’s priorities and as a management tool by senior EPA leadership. The Plan is organized around five strategic goals: (1) Addressing…
SC Supreme Court Rules Against Proposed Kiawah Island Bulkhead
Rita Bolt Barker
December 12, 2014
On December 10, 2014, the South Carolina Supreme Court ruled in a 3-2 decision that a developer could not construct a proposed bulkhead and revetment at Captain Sam’s Spit on Kiawah Island. The developer asserted that the bulkhead was needed to stop erosion to facilitate development of the spit. When the developer submitted its original…
New Leadership at Office of Ocean and Coastal Resource Management
Wade S. Kolb III
November 17, 2014
DHEC Director Catherine Templeton has announced the hiring of Sara Pendarvis Bazemore to head the agency’s Office of Ocean and Coastal Resource Management (OCRM). A native of Charleston and 2005 graduate of USC law school, Bazemore has prior experience both in private practice and with DHEC as an attorney for its air division. OCRM oversees…
EPA Releases Action Plan for RE-Powering America’s Land Initiative
Wade S. Kolb III
November 13, 2014
Beginning in 2008, EPA’s RE-Powering America’s Lands Initiative has worked to promote renewable energy development on current and formerly contaminated lands, landfills and mine sites. The Initiative’s Action Plan 2.0 was released in October, with the following goals being set for the next two years: (1) provide technical and programmatic assistance; (2) promote policies and…
Modifications Proposed to Standards for Wastewater Facility Construction
Wade S. Kolb III
November 11, 2014
In late September DHEC proposed changes to Regulation 61-67, which sets the standards for wastewater facility construction. Among the proposed amendments is a 25% reduction in the unit loading flows used to calculate headworks loading. According to DHEC, this reduction is “based on the knowledge of water savings fixtures and improved designs of sewer collection…
EPA Announces Historic Greenhouse Gas Enforcement Case
Rita Bolt Barker
November 6, 2014
On November 3, the US Environmental Protection Agency (EPA) and the US Department of Justice announced a significant settlement with Hyundai and Kia, automakers facing allegations of inaccurate testing and certification of vehicles sold in America. According to EPA, nearly 1.2 million vehicles sold by the automakers will emit approximately 4.75 million metric tons more…
EPA Changes All Appropriate Inquiries Standard: 2005 ASTM Standard No Longer Sufficient
Rita Bolt Barker
October 9, 2014
On October 6, 2014, the US Environmental Protection Agency (EPA) finalized an amendment to its All Appropriate Inquiries (AAI) rule, stating that ASTM E-1527-05, the due diligence standard issued in 2005, is no longer adequate to establish landowner and lender liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a statute that imposes…
EPA Releases Latest Greenhouse Gas Emissions Data
Rita Bolt Barker
October 3, 2014
Earlier this week, the US Environmental Protection Agency (EPA) released its annual Greenhouse Gas Reporting Program data for 2013 emissions. From approximately 8,000 sources that represent 50% of the nation’s total emissions, 3.18 billion metric tons of carbon dioxide equivalent were reported, which constitutes an increase of 20 million metric tons from the previous year,…
EPA Extends Comment Period for its Clean Power Plan Proposal
Rita Bolt Barker
September 19, 2014
Earlier this week, the US Environmental Protection Agency (EPA) announced that it will extend the comment period for its most recent regulatory effort to cut carbon pollution from existing power plants, the Clean Power Plan proposal. The proposal aims to cut carbon emissions by 30 percent below 2005 levels. Stakeholders now have until December 1,…
S.C. Water Resources Conference Coming in October
Wade S. Kolb III
September 10, 2014
Registration has opened for the 2014 South Carolina Water Resources Conference, which will be held in Columbia on October 15-16. A biennial event, the Conference is coordinated by Clemson University’s Institute of Computational Ecology and the Center for Watershed Excellence. The Conference is designed “to provide an integrated forum for discussion of water policies, research…
SC Criminal Prosecutions Continue for Environmental Violations
Wade S. Kolb III
September 3, 2014
The United States Attorney’s Office for the District of South Carolina continues to pursue criminal prosecutions for violations of environmental protection laws. On August 21 an Anderson County man, Scott Farmer, was sentenced to three years in federal prison for violations of various air pollution laws. Farmer was involved in demolishing a former Anderson textile…
EPA Warns of Paint-Stripping Products
Gregory (Greg) J. English
September 2, 2014
On August 28, 2014, the United States Environmental Protection Agency (“EPA”) released a final risk assessment for Dichloromethane (DCM), which is widely used in common household paint-stripping products. The risk assessment indicated DCM poses human health risks to workers and consumers who use products containing this chemical, as well as to bystanders. EPA estimates that…
South Carolina Legislative Roundup: 2014
Wade S. Kolb III
August 11, 2014
The South Carolina Generally Assembly ended its 2014 term in early June, having considered a number of proposed bills with environmental implications. In a March 27th blog post, we summarized several key environmental bills then before the House and Senate. Now that the 2014 term has come to a close, the fate of many of…
SCDHEC Seeks Input on New General Mining Permit
Gregory (Greg) J. English
July 31, 2014
The South Carolina Department of Health and Environmental Control (“SCDHEC”) is holding a public hearing and seeking comments on a proposed new Mining General Permit – GP1. This General Permit covers mines of only topsoil or sand/clay that are not located in wetlands or other sensitive environmental or historic areas, that are five acres and…
In Light of Widespread PCB Contamination, ReWa Establishes a General Permit Program for Food Service Establishments
Rita Bolt Barker
July 17, 2014
In light of the discovery of PCBs in waste streams throughout SC, including at ReWa, ReWa has announced a permitting program for Food Service Establishments. Most of the approximately 1,350 Food Service Establishments in ReWa’s service area will be covered under the General Permit. The General Permit features a unique condition requiring that each Food…
US Department of Energy Assists Alternative Fuel Vehicle Drivers with Its Fueling Station Locator
Rita Bolt Barker
June 25, 2014
If you own an alternative fuel vehicle or are considering purchasing one, the US Department of Energy’s Alternative Fueling Station Locator can make your life easier. Users type in their locations, and the website locates local fueling stations. For users planning trips, the website locates fueling stations along travel routes. The service is also available…
Supreme Court Sends Mixed Message to EPA on the Agency’s Authority to Regulate Greenhouse Gas Emissions from Stationary Sources
Rita Bolt Barker
June 24, 2014
On June 23, 2014, the US Supreme Court issued an important environmental decision, Utility Air Regulatory Group v. EPA, No. 12-1146 (L), which restricts the authority of the Environmental Protection Agency (EPA) to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V permitting…
2014 South Carolina Clean Energy Summit Approaching
Wade S. Kolb III
June 23, 2014
The Columbia Metropolitan Convention Center will play host to the 2014 South Carolina Clean Energy Summit on July 9, 2014. The Summit will feature “high level moderated sessions” on clean energy topics including policy development, economic development, and emerging technologies. This past week, Mike Switzer, host of South Carolina Educational Radio’s daily broadcast the South…
Supreme Court Agrees that CERCLA Does Not Preempt State Statute of Repose
Wade S. Kolb III
June 16, 2014
On June 9 the U.S. Supreme Court issued an opinion in CTS Corp. v. Waldburger, a case we first blogged about last July (and noted in January that the Supreme Court would be reviewing). The case dealt with the issue of federal preemption, a legal principle under which a federal law invalidates a conflicting state law.…
EPA Proposes Carbon Limits for Existing Power Plants
Rita Bolt Barker
June 11, 2014
Last week, the US Environmental Protection Agency (EPA) released its Clean Power Plan proposal, aimed at cutting carbon pollution from existing power plants. According to EPA, power plants contribute a third of all domestic greenhouse gas emissions in the United States. These plants’ emissions for arsenic, mercury, sulfur dioxide, nitrogen oxide and particulate matter are…
SC Bill to Expedite Environmental Permit Appeals Fails to Progress
Gregory (Greg) J. English
June 9, 2014
Despite support by the South Carolina Chamber of Commerce, a bill to expedite environmental permit appeals, H 3827, failed to pass the South Carolina General Assembly this session. Bill H 3837 would have amended the current law, which mandates that the South Carolina Board of Health and Environmental Control (the “Board”) be given at least…
EPA Awards $1.5 Million in Brownfields Grants to South Carolina Communities
Wade S. Kolb III
June 2, 2014
The Environmental Protection Agency (EPA) announced on May 28 that it was awarding $1.5 million in brownfields grants to assist South Carolina communities with the cleanup and redevelopment of brownfield properties. As we have previously discussed on this blog, brownfields are urban properties formerly used for commercial or industrial purposes that may contain contamination and…
EPA Issues Reminder about Regulations Addressing Releases in Emergency Shutdowns
Wade S. Kolb III
May 29, 2014
With hurricane season rapidly approaching, EPA has taken the opportunity to remind owners and operators of industrial facilities of laws and regulations that address chemical releases during shutdowns. “Unlike some natural disasters,” EPA explains, “the onset of a hurricane is predictable and allows for early preparations to lessen its effect on a facility.” High winds,…
South Carolina Contractor Convicted for Clean Air Act Violations Arising from Improper Asbestos Removal
Rita Bolt Barker
May 28, 2014
Last week, the United States Attorney for South Carolina announced that a contractor who ran CoolCote, a Myrtle Beach-based construction and renovation company, was sentenced to six months in prison, six months house arrest, three years supervised release and a $10,000 fine for Clean Air Act violations. The criminal conviction arises from the contractor’s involvement…
Upcoming “Lean and Green Manufacturing Workshop”
Wade S. Kolb III
April 16, 2014
EPA Region 4 and the South Carolina Manufacturing Extension Partnership (SCMEP) are teaming up in May and June to offer a two-day “Lean and Green Manufacturing Workshop.” The workshop will provide “E3 (Economy, Energy, Environment) Onsite Training to implement Lean/Clean/Energy improvements” across an organization’s operations. More specifically, the workshop will help participants “measure and identify…
SCDHEC Issues Daily Ozone Forecasts
Gregory (Greg) J. English
April 11, 2014
Beginning this month, the South Carolina Department of Health and Environmental Control (“DHEC”) is issuing daily forecasts for ground-level ozone. DHEC hopes the information will lead residents to “adjust their daily transportation habits by carpooling, reducing idling time, driving less, and using outdoor equipment in the evenings,” especially during peak ozone periods. DHEC also intends…
Proposed EPA Rule Could Expand Protection of SC Wetlands
Wade S. Kolb III
March 27, 2014
EPA and the Army Corps of Engineers announced a proposed rule on March 25, 2014, addressing the scope of the Clean Water Act, specifically the Act’s key definition of the term “waters of the United States.” The proposed rule will make clear that the protections of the Act apply to most seasonal and rain-dependent rivers…
EPA Proposes Changes to Agricultural Worker Protection Standard
Wade S. Kolb III
February 28, 2014
Last revised in 1992, EPA’s Agricultural Worker Protection Standard (WPS) is intended to protect the nation’s 2 million agricultural workers from risks that accompany the use of pesticides. EPA has recently rolled out for public comment a proposed set of changes to the WPS. These changes will require, among other things, the expansion of mandatory…
EPA Annual Report Shows Downward Trend in Enforcement Actions
Wade S. Kolb III
February 27, 2014
Earlier this month the Environmental Protection Agency (EPA) released its annual report on enforcement and compliance actions. The report chronicles fiscal year 2013 and highlights the $5.6 billion in fines, restitution, civil penalties, and court-ordered projects EPA collected through civil and criminal actions. This figure includes the $3.7 billion EPA collected as a result of…
EPA Issues Final Rule Authorizing the Use of Electronic Manifests for Hazardous Wastes
Rita Bolt Barker
February 13, 2014
Earlier this month, the US Environmental Protection Agency (EPA) issued a final rule authorizing the use of electronic manifests to track the off-site shipment of hazardous wastes under the Resource Conservation and Recovery Act. The rule will streamline the current process, which requires paper manifests, resulting in an estimated savings of 300,000 to 700,000 hours…
EPA Proposes Carbon Standards for New Coal and Natural Gas Power Plants
Wade S. Kolb III
January 30, 2014
The Environmental Protection Agency has released for public comment a proposed set of standards designed to reduce carbon emissions at new coal and natural gas-fired power plants. The origin of these standards can be traced back to 2009, when EPA first determined, pursuant to its authority under the Clean Air Act, that six greenhouse gases,…
SC DHEC Pursuing RFP for Statewide Water Assessment
Gregory (Greg) J. English
January 27, 2014
On January 17, 2014, the South Carolina Department of Health and Environmental Control (SCDHEC) and the South Carolina Department of Natural Resources (SCDNR) announced they were pursuing a Request for Proposal (RFP) for environmental contractors to bid on a statewide water assessment project. Catherine Templeton, Director of SCDHEC, stated the agencies seek “a true and complete…
UPDATE: Supreme Court to Review Fourth Circuit CERCLA Decision
Wade S. Kolb III
January 17, 2014
The U.S. Supreme Court has announced it will review a Fourth Circuit decision holding that a provision of CERCLA preempts a North Carolina statute of repose. As we first reported in July, the Fourth Circuit reasoned that 42 U.S.C. Section 9658, which expressly preempts certain state statutes of limitation, also preempts North Carolina’s ten-year statute…
UPDATE: EPA Amends All-Appropriate Inquiries Rule
Wade S. Kolb III
January 14, 2014
On December 30, 2013, the EPA announced a final decision to amend the “All Appropriate Inquiries Rule” to make clear that persons conducting a Phase I Environmental Site Assessment according to the new ASTM standard, ASTM E1527-13, will meet the due diligence requirement of the Rule. We have previously reported on the development of the…
EPA Adds Nine Hazardous Waste Sites to the National Priorities List
Rita Bolt Barker
December 12, 2013
On December 11, 2013, the US Environmental Protection Agency (EPA) announced the addition of nine hazardous waste sites to Superfund’s National Priorities List (NPL). According to EPA, these sites, including two in North Carolina, pose risks to human health and the environment: (1) Cristex Drum in Oxford, North Carolina; (2) Hemphill Road TCE in Gastonia, North Carolina; (3) Beck’s…
SCDHEC Seeks Comments on Amendments to Solid Waste Regulation
Gregory (Greg) J. English
December 4, 2013
The South Carolina Department of Health and Environmental Control (DHEC) is proposing to amend regulation R.61-107.4, Solid Waste Management: Yard Trash and Land-clearing Debris; and Compost. The proposed regulation would allow companies to compost certain solid waste, address food waste through composting, and streamline the permitting process. The public comment period will be open until…
Restructuring May Be in Store for DHEC
Wade S. Kolb III
November 20, 2013
DHEC Director Catherine Templeton recently told the agency’s Board that she will begin soliciting comments in early 2014 on the reorganization and possible division of DHEC into two separate agencies, one with authority over health matters and one tasked with enforcement of environmental laws. With nearly 3,100 employees and a budget around $500 million, DHEC…
Update – DHEC’s “Permit Central”
Wade S. Kolb III
November 19, 2013
As we first reported in March, DHEC has launched a website entitled “Permit Central” to help guide businesses in South Carolina through the sometimes daunting process of obtaining the necessary permits. The site features an interactive questionnaire that allows businesses to input information about their proposed operations and receive information in response about the permits required…
EPA Releases Greenhouse Gas Emissions Data for Large Facilities
Rita Bolt Barker
November 4, 2013
EPA’s Greenhouse Gas Reporting Program collects greenhouse gas information from over 8,000 facilities in the largest emitting industries, including power plants, iron and steel mills, landfills, and oil and gas production and refining. In late October, EPA released greenhouse gas emissions data for large facilities. The most recent data for 2012 reveals that in the…
SCDHEC Drafting General Air Permit for Mine Operations
Gregory (Greg) J. English
October 25, 2013
SCDHEC is working on a draft general air permit for certain mines in South Carolina, at least including crushed stone quarry operations. Although the mining industry had expressed interest in a general air permit that would replace both construction and operating permits for all non-metallic mineral mines that fall below certain thresholds, there is some…
EPA Wrestling with New All Appropriate Inquiries Rule
Wade S. Kolb III
October 15, 2013
As we first reported late last year, the American Society for Testing and Materials (“ASTM”) is revising the standard governing Phase I Environmental Site Assessments, ASTM E1527. In connection with that process, the Environmental Protection Agency (“EPA”) proposed in mid-August that compliance with either the new standard, ASTM E1527-13, or the old standard from 2005,…
Emergency Regulation Regarding Management of Wastewater System Sludge
Gregory (Greg) J. English
October 8, 2013
On September 25, 2013, the South Carolina Department of Health and Environmental Control (DHEC) issued an emergency regulation regarding management of wastewater system sludge, including land application of sludge impacted by polychlorinated biphenyls (PCB). DHEC along with the U.S. Environmental Protection Agency (EPA) is still investigating the source of PCBs that was recently introduced into…
Applications Being Accepted for SC Environmental Leadership Forum
Wade S. Kolb III
October 4, 2013
DHEC is accepting applications between now and October 14, 2013, for a series of workshops designed to educate and develop South Carolina leaders on environmental issues. Participants in the SC Environmental Leadership Forum, a joint project of DHEC and EPA, will learn about the interaction of leadership, community outreach, and local government with the environment. …
EPA Proposes Pollution Regulations for New Power Plants
Rita Bolt Barker
September 23, 2013
On Friday, the U.S. Environmental Protection Agency (EPA) proposed new Clean Air Act regulations to reduce carbon pollution from new power plants. EPA Administrator Gina McCarthy stated that these regulations are intended to slow the effects of climate change and promote a safe and healthy environment. Some industry opponents have expressed concern that compliance with…
SCDHEC on Lookout for Illegal Dumping
Gregory (Greg) J. English
August 29, 2013
In the wake of recent discoveries of polychlorinated biphenyls (PCBs) at three Upstate publicly-owned treatment works, the South Carolina Department of Health and Environmental Control (“SCDHEC”) is working with the United States Environmental Protection Agency to investigate illegal dumping. Specifically, PCBs were discovered in the wastewater collection systems of Renewable Water Resources, which serves much…
New EPA Application Helps Calculate and Combat Stormwater Runoff
Wade S. Kolb III
August 20, 2013
The Environmental Protection Agency has recently introduced a desktop computer application that estimates the amount of rain and the frequency of stormwater runoff at specific sites anywhere in the United States. The “National Stormwater Calculator” pulls information from national databases on soil type, rainfall, evaporation and other variables in order to provide the estimate. Users…
Ruling May Lead to New Regulation of Biomass Plants
Wade S. Kolb III
August 14, 2013
A ruling last month from the U.S. Court of Appeals for the District of Columbia Circuit has overturned an EPA decision that temporarily exempted biomass power plants from new greenhouse gas regulations. In 2011 EPA decided to defer for three years any decision on whether to permit greenhouse gas emissions from biomass plants in the…
Facilities Using Solvent Wipes Get Relief from Waste Regulations
Rita Bolt Barker
August 12, 2013
On July 31, 2013, the US Environmental Protection Agency (EPA) modified its hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude solvent-contaminated wipes from hazardous waste regulations as long as businesses clean or dispose of the wipes properly. EPA altered the rule after concluding that wipes contaminated with certain…
SC DHEC Proposes to Repeal and Streamline 25 Environmental Regulations
Gregory (Greg) J. English
July 30, 2013
Businesses subject to environmental regulations in South Carolina should familiarize themselves with recent changes proposed by the South Carolina Department of Health and Environmental Control (“SC DHEC”). In response to an order issued on February 12, 2013, by Governor Nikki Haley establishing a Regulatory Review Task Force, SC DHEC solicited written comments and held public…
Tommy Wyche is the 2013 Green Day Honoree
Wyche, P.A.
July 26, 2013
Tommy Wyche will be recognized as the 2013 Green Day Honoree at the Greenville Drive game on August 6th at Fluor Field. Tommy is being honored for his dedication to conservation efforts in the Upstate and his commitment to revitalizing the city of Greenville. He was instrumental in turning Greenville’s Main Street into a thriving…
Guest Blogger: Jenni Asman from Palmetto Green Schools Initiative
Wyche, P.A.
July 22, 2013
Although some South Carolina school buildings have received negative attention for their poor conditions, as featured in Bud Ferrillo’s 2006 documentary, “Corridor of Shame,” the Palmetto Green Schools Initiative is making progress in solving the problem of aging and energy inefficient schools. In 2007, South Carolina passed the Energy Efficiency and Construction Act, which mandates that…
Fourth Circuit Rules CERCLA Preempts State Statute of Repose
Wade S. Kolb III
July 19, 2013
The Fourth Circuit has recently issued a major decision that implicates the rights and liabilities of landowners and former landowners of property damaged by pollution. In a split decision, the Court held that a provision in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts North Carolina’s ten-year statute of repose for actions for…
City of Greenville Passes Low-Impact Development Parking Program
Rita Bolt Barker
July 11, 2013
Last month, the City of Greenville, in partnership with Upstate Forever and Furman University, approved a market-based program to incentivize developers to build appropriately-sized parking lots while reducing adverse impacts to waterbodies. Recognizing that stormwater runoff from parking lots can adversely impact water quality but acknowledging the need for flexibility for certain projects, the Fee-in-Lieu…
New Study Raises Questions about Water Quality at SC Beaches
Wade S. Kolb III
July 9, 2013
A recent report by the Natural Resources Defense Council raises questions about water quality at many of South Carolina’s most popular beaches, especially those along the Grand Strand. Testing the Waters: A Guide to Water Quality at Vacation Beaches is released annually by the NRDC, a non-profit environmental advocacy organization, and is based on a…
President Obama Releases Expansive Climate Action Plan
Rita Bolt Barker
June 25, 2013
Today President Obama unveiled his new executive action plan to promote renewable energy and cut greenhouse gas emissions. The full 21-page plan is available here and sets as its primary goal the reduction of greenhouse gas emissions 17 percent below 2005 levels by 2020. The plan rests on what the Administration describes as “three key…
High Court Gives Government Agencies More Deference
Gregory (Greg) J. English
June 14, 2013
The U.S. Supreme Court recently clarified that a governmental agency which has been given the authority to promulgate regulations and adjudicate disputes may use such authority to interpret its governing statute and that the courts should defer to such interpretation. In Arlington v. FCC, No. 11-1545 (May 20, 2013), the Court considered the FCC’s interpretation…
Register for the 2013 SC Clean Energy Summit
Rita Bolt Barker
June 12, 2013
The South Carolina Clean Energy Business Alliance is hosting the 2013 South Carolina Clean Energy Summit July 11th at the Columbia Metropolitan Convention Center. The Summit will include sessions on Solar, Wind, Biomass, Hydrogen and Fuel Cells, Energy Efficiency, Clean Energy Project Finance, Clean Transportation and Recycling. Click here to register today. For more information,…
Greenville County Addresses Stormwater Issues with Market Incentives
Wade S. Kolb III
June 4, 2013
On March 5, the Greenville County Council adopted a new Stormwater Banking Program and incorporated it into the county’s zoning ordinances. The program, which was developed over a four-year period through collaboration among local officials, conservation groups, and homebuilders, seeks to improve the county’s management of stormwater run-off and pollution through a voluntary, market-based incentive…
Environmental Non-Compliance Can Be Costly
Rita Bolt Barker
June 3, 2013
Major retailer Wal-Mart Stores, Inc. has been hit with more than $81 million in civil and criminal penalties for violations of the Resource Conservation and Recovery Act (RCRA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Wal-Mart pleaded guilty in three criminal federal cases and entered a consent agreement with the EPA to resolve…
Tune in to SC ETV Radio at Noon
Wade S. Kolb III
May 30, 2013
Brad Wyche, director of Upstate Forever, will be interviewed on this Friday’s edition of Walter Edgar’s Journal on South Carolina ETV Radio. Topics discussed will include land conservation, natural resources, and sensible growth in the Upstate. The program will air at noon on Friday, May 31, on all eight ETV radio stations. A rebroadcast will…
Solar Energy Bill Stalls in SC Senate
Wade S. Kolb III
May 24, 2013
A bill intended to reduce regulatory hurdles for solar energy companies that invest in South Carolina has failed to gain traction in the South Carolina Senate. We first blogged about the bill in February, when it was introduced in the House of Representatives. In late February the bill failed to move out of the House…
Brownfield Buyer Beware
Gregory (Greg) J. English
May 21, 2013
The Fourth Circuit Court of Appeals recently held that a purchaser of a brownfield could be held liable for the costs of remediating hazardous substances on it, notwithstanding its bona fide prospective purchaser (“BFPP”) defense. In PCS Nitrogen Inc. v. Ashley II of Charleston LLC, 2013 WL 1340018 (4th Cir. April 4, 2013), the Court…
State Ban on Seawalls Under Scrutiny
Wade S. Kolb III
May 8, 2013
South Carolina’s twenty-five year ban on seawalls is under scrutiny as a result of a new bill introduced in the General Assembly. Since 1988 construction of new seawalls has been forbidden, with beaches and other coastal communities relying instead on renourishment programs to protect existing construction. As reported in The State newspaper, the bill was introduced…
EPA Invests in Brownfields Redevelopment
Rita Bolt Barker
April 30, 2013
Last week, the EPA announced it will award approximately $4 million in grants to 20 communities to assist with planning for remediation and reuse of brownfields properties. The winning projects were chosen based on their ability to advance livability principles, support local and regional planning efforts, and engage community members. Review the winning project summaries…
SCDHEC Launches “Permit Central”
Gregory (Greg) J. English
March 25, 2013
The South Carolina Department of Health and Environmental Control recently announced the launch of a new web page, styled “Permit Central.” SCDHEC’s goal is to better inform companies doing business in South Carolina of necessary permits. Users may take advantage of a questionnaire to determine permits needed as well as estimated time frames, form applications,…
EPA Finalizes New Rules for Stationary Engines
Wade S. Kolb III
March 8, 2013
In late January EPA finalized revisions to emission standards for Reciprocating Internal Combustion Engines (RICE). RICE are commonly used at manufacturing and other industrial sites to generate electricity and power equipment like pumps and compressors. EPA initially published new standards for RICE in 2010, but these were subject to a number of legal challenges and…
DHEC Seeks Comments on Environmental Regulations
Rita Bolt Barker
March 5, 2013
Governor Haley has established a Regulatory Review Task Force to evaluate regulatory burdens on South Carolina businesses and explore ways to relieve those burdens. To support this initiative, DHEC has invited the public to comment on environmental statutes and regulations that may unduly burden businesses. DHEC will be receiving public comments at the following meetings:…
New EPA Guidance Offers Tenants Liability Protection for Contamination
Gregory (Greg) J. English
March 4, 2013
Tenants can be held liable for preexisting contamination on property they lease under certain circumstances. Tenants can, however, utilize the bona fide prospective purchaser (BFPP) defense against such liability under CERCLA if the owner qualifies as a BFPP. Additionally, EPA recently issued guidance stating that it will treat certain tenants as BFPPs, even when the…
Solar Energy Bill Introduced in House Faces Uncertain Future
Wade S. Kolb III
February 22, 2013
A solar energy bill introduced in the South Carolina House faces an uncertain future. The House Labor, Commerce, and Industry subcommittee heard testimony for and against the bill on Tuesday, Feb. 19, before voting in favor of adjourning debate on the matter. One of the bill’s sponsors explained to The State newspaper that this vote…
EPA Releases Greenhouse Gas Emissions Data
Rita Bolt Barker
February 8, 2013
EPA’s Greenhouse Gas Reporting Rule (74 FR 56260) requires large sources and suppliers to report greenhouse gas emissions. Earlier this month, EPA published emissions data for reporting year 2011, when 8,000 facilities across nine industry sectors reported 3.3 billion tons of carbon dioxide equivalent of direct emissions. The results are available on EPA’s website. As…
Solar Energy Bill Introduced in General Assembly
Wade S. Kolb III
February 6, 2013
A new solar energy bill introduced in the South Carolina General Assembly aims to help solar power and other forms of renewable energy grow in South Carolina. Under current state law, companies that install solar panels on homes and businesses and then sell the power generated back to those property owners are regulated as utilities,…
EPA to Highlight Key Environmental Issues in the Southeastern Region
Rita Bolt Barker
January 11, 2013
On February 26, 2013 at the Georgia State Bar Conference Center in Atlanta, GA, the EPA will offer updates on key state and regional developments in environmental law in the Southeast Region, Region 4, which includes South Carolina, North Carolina, Georgia, Alabama, Florida, Kentucky, Tennessee and Mississippi. Sessions will provide information on EPA’s program initiatives…
Leadership and Staffing Changes Announced at Federal and State Regulatory Agencies
Wade S. Kolb III
January 9, 2013
With the arrival of the new year, both the Environmental Protection Agency and South Carolina’s Department of Health and Environmental Control will be seeing significant changes in leadership and staffing. In Washington, EPA administrator Lisa Jackson has announced she will step down after four years of service during the first Obama administration. Read more about…
EPA Announces a More Stringent Standard for Soot Particles
Rita Bolt Barker
January 4, 2013
On December 14, the US Environmental Protection Agency revised the National Ambient Air Quality Standards for Particle Pollution, announcing a more stringent standard for harmful fine particle pollution, known as PM2.5, including soot. In response to a federal court order declaring the standards too weak to adequately protect public health, the final rule sets an…
Changes On the Way for Phase I Environmental Site Assessments
Wade S. Kolb III
December 12, 2012
Changes may be in store in 2013 to the Phase I Environmental Site Assessment (ESA), which has become the first step of environmental due diligence in the real estate world. The ESA is prepared as a part of most commercial transactions involving real estate and identifies known or potential environmental liabilities on the subject property,…
BikeShare is Coming to Greenville!
Rita Bolt Barker
December 6, 2012
Greenville B-Cycle has announced that it will launch a BikeShare program here in Greenville in the Spring of 2013. The program will provide community members and visitors an active way to get around town by providing access to rental bicycles. Greenville B-Cycle, an idea initiated by Leadership Greenville Class 37, is a partnership between Upstate…
The FTC Has Released New Green Guides
Rita Bolt Barker
December 5, 2012
The Federal Trade Commission (FTC) recently released its Final Guides for the Use of Environmental Marketing Claims. Known as the Green Guides, they update and supplement the agency’s prior guidance on green marketing. The Green Guides offer direction to marketers about how to make non-deceptive environmental marketing claims about products and services. Failure to comply…
Wyche Named Official Climate Challenge Partner by American Bar Association and U.S. Environmental Protection Agency
Wade S. Kolb III
November 20, 2012
The American Bar Association (ABA) and the U.S. Environmental Protection Agency (EPA) recently named Wyche an official “Climate Challenge Partner.” This distinction is given to law firms that have taken steps to become better environmental and energy stewards. Wyche has a long history of leading preservation and conservation efforts, so of course we were excited…
EPA Takes Enforcement Action Against 16 Businesses for Alleged Violations of the Lead-Based Paint Renovation, Repair and Painting Rule
Rita Bolt Barker
November 16, 2012
On November 14, the United States Environmental Protection Agency (EPA) announced 16 enforcement actions for alleged violations of its Renovation, Repair and Painting Rule, which governs construction activities that disturb lead-based paint. The Rule, which took effect in 2010, requires that contractors who work on pre-1978 dwellings and child-occupied facilities be trained to use lead-safe…
SC Isolated Wetlands and Carolina Bays Task Force Indicates Preference for Protection Through Conservation Easements
Gregory (Greg) J. English
November 16, 2012
The SC Isolated Wetlands and Carolina Bays Task Force, created by the South Carolina General Assembly in June of this year to review and study isolated wetlands and make findings and recommendations, met on Tuesday, November 13. The Task Force indicated it prefers to protect the Carolina Bays and isolated wetlands through conservation easements instead…
SC Isolated Wetlands and Carolina Bays Task Force’s Next Meeting
Gregory (Greg) J. English
October 31, 2012
The SC Isolated Wetlands and Carolina Bays Task Force was created by the South Carolina General Assembly in June of this year to review and study isolated wetlands and make findings and recommendations. The next meeting of the Task Force will be held on Tuesday, November 13 in Room 105 of the Gressette Building, 1101…
EPA Launches App for Checking the Health of Waterways
Wade S. Kolb III
October 25, 2012
In celebration of the fortieth anniversary of the Clean Water Act, EPA has launched a new app and website that provide user-friendly information on the health of thousands of streams, rivers, and lakes across the nation. Called “How’s my Waterway,” the app and website can be accessed through smart phones, tablets, and desktop computers. Users…
City of Columbia Close to Agreement with EPA over Sewer System
Wade S. Kolb III
October 15, 2012
The State newspaper is reporting that the Environmental Protection Agency and the City of Columbia are close to finalizing a consent agreement that will impose a fine on Columbia of between $1 and $1.5 million for problems with the city’s sewer system, the largest in South Carolina. Aging sewer lines blocked by roots and grease…
EPA Names Twelve New Sites to the National Priorities List
Rita Bolt Barker
October 9, 2012
Last month, the Environmental Protection Agency (EPA) named twelve new hazardous waste sites to the National Priorities List (NPL) for cleanup under the Superfund program. The list includes sites across the United States, including a former wood treating facility in Yadkinville, NC and an electroplating facility in Vincent, Alabama. EPA has also proposed to add…
SCDHEC Faces Permit Backlog
Gregory (Greg) J. English
September 24, 2012
According to the South Carolina Department of Health and Environmental Control (SCDHEC), 503 of the state’s 3,693 active pollution control permits have expired. Most of the expired permits are for water and air discharges. The agency’s director Catherine Templeton has said that SCDHEC will work to expedite review of replacement permits. Until they are reissued,…
Congratulations to Greenville for Winning the EPA’s Clean Air Excellence Award
Rita Bolt Barker
September 20, 2012
The City and County of Greenville were recognized by the EPA as a winner of this year’s Clean Air Excellence Award for their innovative Electric Vehicle (EV) Ecosystem Pilot Project. The EV Ecosystem Pilot Project was created to provide area companies, residents and visitors access to electric vehicles and charging stations. The City and County…
Upcoming Seminar on Managing Environmental Risks in Business Transactions
Rita Bolt Barker
September 14, 2012
Wyche is hosting a roundtable on Thursday, September 27 on the key environmental risks facing businesses today. We’ll have a panel of experts who will weigh in on the environmental issues that may arise during various phases in a transaction, from performing due diligence to negotiating a purchase and sale agreement to securing environmental insurance. …
DHEC Announces Plan for New Group of Staff to Assist in Permitting Process
Wade S. Kolb III
August 30, 2012
The S.C. Department of Health and Environmental Control intends to dedicate a new group of five staff members to help guide businesses through the permitting process. DHEC Director Catherine Templeton announced the plan recently at a meeting of the South Carolina Economic Developers’ Association. Noting that many businesses planning to open or expand facilities require…
SC Isolated Wetlands Taskforce Meeting in September
Gregory (Greg) J. English
August 20, 2012
In June, the South Carolina General Assembly amended the Pollution Control Act (“PCA”) to address the Smith Land case. In that case, the South Carolina Supreme Court interpreted the PCA to require all discharges into the environment to be covered by a permit from the South Carolina Department of Health and Environmental Control (“DHEC”) and…
The Basics of Carbon Trading
Wade S. Kolb III
August 9, 2012
“Carbon Trading” refers to a group of market-based approaches currently being used in various countries to regulate and reduce the emission of carbon dioxide and other greenhouse gases. A market for carbon trading can result in two different ways. First, a regulatory body—typically a government—may cap the amount of carbon dioxide that a source (such…
Senate Committee Approves the Safe Chemicals Act
Rita Bolt Barker
August 6, 2012
On July 25, 2012, the US Senate Committee on Environment & Public Works approved S. 847, the Safe Chemicals Act of 2011, which, if passed, would revamp the Toxic Substances Control Act of 1976 (TSCA) by requiring chemical companies to provide more health and safety information about their products and empowering regulators to force dangerous…
Court of Appeals Upholds EPA Greenhouse Gas Regulations
Wade S. Kolb III
July 27, 2012
The U.S. Court of Appeals for the D.C. Circuit has issued an important opinion regarding the regulation of greenhouse gas emissions in the United States. The opinion is the product of an action brought by a coalition of industrial companies and states against the Environmental Protection Agency (EPA). The events leading up to the court’s…
DHEC’s Environmental Assistance Conference
Gregory (Greg) J. English
July 16, 2012
DHEC is hosting its annual Environmental Assistance Conference, aimed at advising businesses on compliance issues, on November 7, 2012 at the Columbia Convention Center. The agenda will include topics such as preparing for agency inspections, the enforcement process, and air, stormwater and wastewater permitting. Register here.
Environmental Groups Take Aim at Coal Ash Ponds
Wade S. Kolb III
June 28, 2012
Environmental organizations have filed actions against two South Carolina power companies that operate coal-fired power plants. The actions seek the cleanup of waste ponds where coal ash is stored. In January the Catawba Riverkeeper Foundation filed suit against South Carolina Electric and Gas in federal district court, seeking cleanup of waste ponds at SCE&G’s Eastover…
DHEC Finalizes its Surface Water Withdrawal Regulation
Rita Bolt Barker
June 27, 2012
DHEC Regulation 61-119, governing surface water withdrawal, permitting, use and reporting, became effective June 22, 2012. Some highlights from the Regulation: The Regulation requires existing surface water withdrawers to submit a permit application within 180 days of the Regulation’s effective date. New surface water withdrawers must apply for and obtain a valid permit before making…
Protecting the Blue Ridge Escarpment
Rita Bolt Barker
June 21, 2012
Back in the early 1970s, our colleague, Tommy Wyche, known as “the godfather of conservation” in South Carolina, began his efforts to protect the Blue Ridge Escarpment, a mountain bridge of approximately 400,000 acres that stretches across the Upstate. His efforts, which utilize the legal tools of conservation easements and land trusts, have resulted in…
Governor Haley Signs Amended SC Pollution Control Act
Rita Bolt Barker
June 7, 2012
After much negotiation, on Wednesday, June 6, 2012, Governor Haley signed into law the amended South Carolina Pollution Control Act (R255, H4654). As expected, the compromise between business and environmental groups, which postpones the creation of an isolated wetlands regulatory program and excludes private rights of action under the Act, is in the final version…
The South Carolina SUPERB Fund: A Tool for Remediating Petroleum Releases
Wade S. Kolb III
June 1, 2012
Since 1988, South Carolina’s SUPERB program—State Underground Petroleum Environmental Response Bank—has provided funding to owners and operators of qualified underground storage tanks (USTs) for remediation efforts following a petroleum release. Generated through a ½ cent state gasoline tax and registration fees from UST owners, SUPERB covers reasonable remediation efforts in excess of $25,000 up to…
Pollution Control Act Compromise
Rita Bolt Barker
May 30, 2012
After months of debate, this week business and environmental groups reached a compromise regarding amendments to South Carolina’s Pollution Control Act. In the wake of the uncertainty created by the SC Supreme Court’s Smith Land ruling, environmental groups have been advocating for the creation of an isolated wetlands regulatory program. The business community objected, noting…
South Carolina Conservation Bank Extended
Wade S. Kolb III
May 15, 2012
On May 14, 2012, South Carolina governor Nikki Haley signed into law a five-year extension of the South Carolina Conservation Bank. The Bank’s authorization had been set to expire in 2013, but the new bill extends the Bank through 2018. Since its establishment in 2002, the Bank has helped to preserve nearly 160,000 acres of…
SC Supreme Court to Hear Savannah Port Dredging Dispute
Rita Bolt Barker
April 11, 2012
The SC Supreme Court will exercise original jurisdiction over an issue involving agency authority in the Savannah Harbor Expansion Project (SHEP). Several environmental groups have asked the Court to determine which state agency, the Department of Health and Environmental Control (DHEC) or the Savannah River Maritime Commission (SRMC), had authority to issue a permit to…
The U.S. Nuclear Regulatory Commission Approves S.C. Reactors
Rita Bolt Barker
April 4, 2012
On Friday, Scana Corp. received approval from the U.S. Nuclear Regulatory Commission by a 4-1 vote for the construction and operation of two units at a plant 26 miles northwest of Columbia. The Chairman of the Commission dissented, citing pending safety rules in response to the nuclear disaster at Fukishima Dai-lchi in Japan last year. …
