SC Bill to Expedite Environmental Permit Appeals Fails to Progress
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…
Read More
EPA Awards $1.5 Million in Brownfields Grants to South Carolina Communities
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…
Read More
Wyche at Work: May 2014 Employment Update
Prepared by Ted Gentry May 2014 Construction Company Hit With Massive I-9 Penalty Wyche at Work has previously outlined the dangers of hiring undocumented workers and the importance of maintaining proper I-9 files for your company’s employees. This point was driven home when ICE’s Homeland Security Investigations Office recently upheld a six-figure fine levied on M&D Masonry,…
Read More
EPA Issues Reminder about Regulations Addressing Releases in Emergency Shutdowns
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,…
Read More
Chambers USA Recognizes Wyche as One of the Country’s Leading Law Firms
GREENVILLE, SC – Wyche has earned high rankings in Chambers USA: America’s Leading Lawyers for Business (“Chambers”). Chambers recognizes Wyche for its work in Litigation, Corporate/Mergers & Acquisitions, Labor & Employment, Real Estate, and Environment. Chambers also identifies 13 Wyche attorneys as leading lawyers in their respective practice areas based on in-depth client and peer…
Read More
South Carolina Contractor Convicted for Clean Air Act Violations Arising from Improper Asbestos Removal
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…
Read More
The NLRA’s Increased Role in the Non-Unionized Workplace
As seen in the South Carolina Bar’s Employment & Labor Law Newsletter, May 2014 Introduction to the National Labor Relations Act The National Labor Relations Act (NLRA), among other things, grants employees the right to unionize, collectively bargain and engage in concerted activity for their mutual aid and protection. See 29 U.S.C. 157. These rights…
Read More
Inez Tenenbaum Receives Best Friend Award from Kids in Danger
Article from Kids in Danger Each year, KID commemorates our progress, honors the memory of Danny Keysar and other victims of unsafe children’s products, and highlights the contributions of our Best Friend — someone who has helped keep children safe. KID is delighted to present our 2014 Best Friend Award to Inez Tenenbaum, former CPSC…
Read More
Wyche at Work: April 2014 Employment Update
Prepared by Ted Gentry April 2014 Fourth Circuit Reins in the EEOC with Attorneys Fee Award There have been a number of recent decisions penalizing the Equal Employment Opportunity Commission for failures or deficiencies in its investigation or pursuit of litigation. Last month, in EEOC v. Propak Logistics, Inc. the Fourth Circuit Court of Appeals affirmed a…
Read More
Wyche Corporate Connection: April 2014
Prepared by Eric B. Amstutz Mergers and Acquisitions Ways to Craft Purchase Price Adjustments Most M&A agreements for private company acquisitions include purchase price adjustment mechanisms. An article describing these provisions, written by Melinda Davis Lux and published in the February 2014 issue of The Practical Lawyer, can be found here. Corporate Attorney-Client Privilege Passes…
Read More
South Carolina Super Lawyers Recognizes 17 Wyche Attorneys
GREENVILLE, SC – Super Lawyers, a rating service of outstanding lawyers, has recognized 17 Wyche attorneys in its 2014 South Carolina Super Lawyers Magazine. The magazine features attorneys who embody excellence in the practice of law. Super Lawyers highlights Wallace Lightsey as one of the top 10 lawyers in South Carolina. Along with Lightsey, Wyche…
Read More
Upcoming “Lean and Green Manufacturing Workshop”
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…
Read More
SCDHEC Issues Daily Ozone Forecasts
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…
Read More
Proposed EPA Rule Could Expand Protection of SC Wetlands
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…
Read More
Wyche at Work: March 2014 Employment Update
Prepared by Ted Gentry March 2014 Employee Handbooks and Manuals Part III: Essential Provisions In Part II of our series on employee handbooks, Wyche at Work discussed a critical aspect of the first page of any handbook: a conspicuous and correctly formatted disclaimer stating that the handbook does not create a contract for employment. This…
Read More
EPA Proposes Changes to Agricultural Worker Protection Standard
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…
Read More
EPA Annual Report Shows Downward Trend in Enforcement Actions
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…
Read More
Wyche at Work: February 2014 Employment Update
Prepared by Ted Gentry February 2014 Employee Handbooks and Manuals Part II: Highlighting the “No-Contract” Disclaimer Wyche at Work continues its 2014 series on employee handbooks by emphasizing what should literally be on the first page: a conspicuous disclaimer that demonstrably expresses that the handbook is not a “contract of employment”. While such a requirement…
Read More
Jo Hackl Selected for Riley Institute at Furman Diversity Leaders Initiative’s 17th Class
GREENVILLE, SC – Wyche attorney Jo Hackl is one of 41 leaders from across the Upstate and surrounding areas selected to participate in the 17th Upstate class of the Riley Institute at Furman’s Diversity Leaders Initiative (DLI). “Our Fellows represent our diverse state, including diversity of profession, experience and community. Where these established leaders are…
Read More
EPA Issues Final Rule Authorizing the Use of Electronic Manifests for Hazardous Wastes
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…
Read More
EPA Proposes Carbon Standards for New Coal and Natural Gas Power Plants
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,…
Read More
SC DHEC Pursuing RFP for Statewide Water Assessment
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…
Read More
Wyche at Work: January 2014 Employment Update
Prepared by Wyche attorneys, Andy Coburn and Ted Gentry January 2014 Employee Handbooks and Manuals: A New Series by Wyche At Work Due mostly to the intrusive efforts of the National Labor Relations Board, legal issues surrounding employee handbooks, manuals, and policies have received significant attention in the last 12 months. Wyche at Work has noted troublesome…
Read More
UPDATE: Supreme Court to Review Fourth Circuit CERCLA Decision
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…
Read More
UPDATE: EPA Amends All-Appropriate Inquiries Rule
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…
Read More
US Justice Department Joins False Claims Act Lawsuit against For-Profit Hospital Chain & Ex- CEO for ER Admissions Scheme
Whistleblower lawsuit alleges that HMA, its former CEO Gary Newsome, and ER contractor EmCare induced and coerced ER doctors to admit more patients Columbia, SC – The U.S. Department of Justice (USDOJ) has intervened in a qui tam (whistleblower) False Claims Act lawsuit alleging that Health Management Associates, Inc. (HMA), the nation’s third-largest for-profit hospital…
Read More
Wyche at Work: December 2013 Employment Update
Prepared by Ted Gentry December 2013 Social Media and the Workplace Part III In this month’s edition of Wyche at Work we will end our three-part series on social media in the workplace. In previous editions we have outlined the dangers of accessing employee/applicant-owned media social accounts and delved into the ways the National Labor Relations…
Read More
EPA Adds Nine Hazardous Waste Sites to the National Priorities List
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…
Read More
Henry Parr Chosen for the American Arbitration Association Appellate Panel
GREENVILLE, SC – Wyche attorney Henry Parr has been chosen to serve on the new American Arbitration Association (AAA) Appellate Panel. The AAA formed this panel in connection with its new Optional Appellate Arbitration Rules. Parr was selected based on his experience as an arbitrator, as well as his appellate experience. Parr serves on the…
Read More
SCDHEC Seeks Comments on Amendments to Solid Waste Regulation
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…
Read More
Wyche at Work: May 2013 Employment Update
Prepared by Wyche attorneys, Ted Gentry and Andy Coburn May 2013 The Emergence of Genetic Discrimination Claims Earlier this year, Wyche at Work focused on the importance of screening job applicants in a way that does not reveal information about a protected characteristic – such as age, nationality, or disability — either directly through interview questions or…
Read More
Wyche at Work: November 2013 Employment Update
Prepared by Ted Gentry November 2013 I Can Be Sued Personally For Wage and Employment Tax Claims? Clients tend to think that the corporate shield automatically insulates officers, managers, and owners from personal liability for corporate debts. It is intuitive that individuals might be responsible for tort claims and/or discrimination claims for which they were “bad…
Read More
Restructuring May Be in Store for DHEC
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…
Read More
Update – DHEC’s “Permit Central”
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…
Read More
Ted Gentry Elected Chair of Wyche Executive Committee
GREENVILLE, SC – Ted Gentry has been elected Chair of Wyche’s Executive Committee by the firm’s membership. As Chair of the Executive Committee, Mr. Gentry will be responsible for the firm’s overall leadership and direction. He succeeds Wallace Lightsey who served as Chair of the Executive Committee for the past 6 years. “Ted has earned…
Read More
Wyche Attorney Jo Hackl Receives the Community Foundation of Greenville’s Ruth Alexander Nicholson Award
GREENVILLE, SC – Wyche attorney Jo Hackl has been honored by the Community Foundation of Greenville with the Ruth Alexander Nicholson Award for 2013. The annual award recognizes a person who has made significant contributions to the Greenville community through volunteer work for the Community Foundation or to one of its projects, programs, or areas…
Read More
U.S. News – Best Lawyers® Recognizes Wyche as a 2014 “Best Law Firm”
GREENVILLE, SC – Wyche has been named a Greenville Tier 1 “Best Law Firm” in 17 practice areas by U.S. News – Best Lawyers® in 2014. The selection is based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from leading attorneys in each practice area, and review of additional information…
Read More
EPA Releases Greenhouse Gas Emissions Data for Large Facilities
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…
Read More
Consumer Safety Chief Leaves a Small Agency With Bigger Powers
Article from New York Times Washington, DC (November 29, 2013) — When Inez M. Tenenbaum took over the Consumer Product Safety Commission in 2009, she found an agency in turmoil and uncertain of its mission to ensure that tens of thousands of products on American store shelves did not present a danger to buyers. By…
Read More
Wyche at Work: October 2013 Employment Update
Prepared by Ted Gentry October 2013 National Disability Employment Awareness Month October was National Disability Employment Awareness Month (“NDEAM”), a national campaign to raise awareness of disability employment issues. In his Presidential Proclamation, President Obama paid tribute to disabled employees as “leaders, entrepreneurs, and innovators, each with unique talents to contribute and points of view to…
Read More
SCDHEC Drafting General Air Permit for Mine Operations
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…
Read More
EPA Wrestling with New All Appropriate Inquiries Rule
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,…
Read More
Wyche at Work: Special Bulletin
Prepared by Ted Gentry October 2013 The Shutdown: How Does It Affect Private Employers? Wyche at Work is actively working (always!), but the news of the moment involves those who are not working – the federal government shutdown. While there are signs of a potential deal in Washington D.C. that might end the shutdown, there…
Read More
Emergency Regulation Regarding Management of Wastewater System Sludge
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…
Read More
Applications Being Accepted for SC Environmental Leadership Forum
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. …
Read More
Wyche at Work: September 2013 Employment Update
Prepared by Ted Gentry September 2013 IRS and DOL Issue Guidance Regarding Same-Sex Marriage The IRS and the Department of Labor (DOL) have both issued initial regulatory guidance (Revenue Ruling, 2013-17 and Technical Release 2013-04, respectively) regarding interpretation of the terms “marriage” and “spouse” under the Internal Revenue Code and ERISA. This guidance states that for…
Read More
EPA Proposes Pollution Regulations for New Power Plants
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…
Read More
M&A Buyer Protection Beyond Indemnification and Escrows
Strafford Webinar held September 19, 2013 by Rita Bolt Barker Structuring Deal-Specific and Often Overlooked Acquisition Provisions to Minimize Buyer’s Risk Click here to download and view the webinar.
Wade S. Kolb III named one of Greenville’s “Best and Brightest 35 and Under”
GREENVILLE, SC – Wyche attorney Wade S. Kolb III has been recognized as one of Greenville’s “Best and Brightest 35 and Under” by Southern First and Greenville Business Magazine. The list highlights young Greenville leaders for accomplishment in their careers and commitment to making a difference in the community. Honorees are selected through a thorough…
Read More
SCDHEC on Lookout for Illegal Dumping
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…
Read More
Wyche at Work: August 2013 Employment Update
Prepared by Wyche attorneys, Andy Coburn and Ted Gentry August 2013 EEO-1 Reports Due for Some Employers Employers that are required to file Form 100, the Employer Information Report EEO-1, have until September 30 to file their annual report with the Equal Employment Opportunity Commission. The report is a compliance survey that requires company employment…
Read More
New EPA Application Helps Calculate and Combat Stormwater Runoff
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…
Read More
Twenty-two Wyche Attorneys recognized as 2014 Best Lawyers in America©
GREENVILLE, SC – Twenty-two Wyche attorneys were recently selected by their peers for inclusion in The Best Lawyers in America© 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, SC). Additionally, Best Lawyers® named three Wyche attorneys “Lawyer of the Year”. Eric Graben was named the Best Lawyers 2014 Greenville Securities/Capital Markets Law “Lawyer of the…
Read More
Ruling May Lead to New Regulation of Biomass Plants
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…
Read More
Facilities Using Solvent Wipes Get Relief from Waste Regulations
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…
Read More
Seventeen Wyche Attorneys Recognized as “Legal Elite” by Greenville Business Magazine
GREENVILLE, SC – Greenville Business Magazine has recognized seventeen Wyche attorneys as the area’s “Legal Elite”. This marks the second year in a row that Wyche placed more attorneys on the list than any other firm in the Upstate. The magazine collected nominations from Greenville-area attorneys to determine the best lawyers in twenty practice areas.…
Read More
Tommy Wyche to be the Greenville Drive’s 2013 Green Day Honoree
GREENVILLE, SC – Tommy Wyche will be the 2013 Green Day Honoree at the Greenville Drive game on August 6th at Fluor Field. Mr. Wyche is being honored for his dedication to conservation efforts in the Upstate and his commitment to revitalizing the City of Greenville. The Greenville Drive will celebrate Mr. Wyche’s impact on…
Read More
SC DHEC Proposes to Repeal and Streamline 25 Environmental Regulations
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…
Read More
Wyche at Work: July 2013 Employment Update
Prepared by Ted Gentry July 2013 Administration Postpones Deadline for Employer Mandate The health care reform law, the Patient Protection and Affordable Care Act, includes the so-called “employer mandate,” which requires employers with more than 50 full-time equivalent employees to provide a certain level of health insurance coverage or pay a financial penalty. As Wyche at Work…
Read More
Tommy Wyche is the 2013 Green Day Honoree
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…
Read More
Guest Blogger: Jenni Asman from Palmetto Green Schools Initiative
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…
Read More
Fourth Circuit Rules CERCLA Preempts State Statute of Repose
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…
Read More
City of Greenville Passes Low-Impact Development Parking Program
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…
Read More
New Study Raises Questions about Water Quality at SC Beaches
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…
Read More
President Obama Releases Expansive Climate Action Plan
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…
Read More
Wyche at Work: June 2013 Employment Update
Prepared by Ted Gentry June 2013 The EEOC Sues BMW for Improper Use of Background Checks in Employment Decisions The Equal Employment Opportunity Commission is testing the applicability and legality of its new guidelines on how employers should best and legally use background checks in making employment decisions here in South Carolina. The EEOC filed a…
Read More
High Court Gives Government Agencies More Deference
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…
Read More
Register for the 2013 SC Clean Energy Summit
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,…
Read More
Greenville County Addresses Stormwater Issues with Market Incentives
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…
Read More
Environmental Non-Compliance Can Be Costly
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…
Read More
Tune in to SC ETV Radio at Noon
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…
Read More
Wyche Achieves High Rankings in Chambers USA: America’s Leading Lawyers for Business
GREENVILLE, SC – Once again, Wyche has earned high rankings in Chambers USA: America’s Leading Lawyers for Business (“Chambers”). Chambers recognizes Wyche for its work in Litigation, Corporate/Mergers & Acquisitions, Labor & Employment, and Real Estate. Ten Wyche attorneys are identified as leading lawyers in their respective practice areas based on in-depth client and peer…
Read More
Solar Energy Bill Stalls in SC Senate
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…
Read More
Wyche Receives CREW Upstate South Carolina’s “Outstanding Leadership Organization Award”
GREENVILLE, SC – Wyche has been honored by the Upstate South Carolina chapter of Commercial Real Estate Women (CREW) with its “Outstanding Leadership Organization Award” for 2013. The award recognizes organizations in the community that are leaders in advancing the success of women in the commercial real estate industry. “Wyche won this award because it…
Read More
Brownfield Buyer Beware
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…
Read More
Meliah Bowers Jefferson Returns to Wyche
GREENVILLE, SC – Meliah Bowers Jefferson has rejoined Wyche after serving as law clerk to The Honorable J. Michelle Childs, United States District Judge. Ms. Jefferson focuses her practice on litigation and appellate work. Prior to her clerkship with Judge Childs, Ms. Jefferson was an associate at Wyche. She began her career serving as law…
Read More
State Ban on Seawalls Under Scrutiny
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…
Read More
EPA Invests in Brownfields Redevelopment
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…
Read More
South Carolina Super Lawyers selects Wyche’s Henry Parr for 2013 magazine cover and recognizes sixteen Wyche attorneys
GREENVILLE, SC – Super Lawyers, a rating service of outstanding lawyers, has chosen Wyche’s Henry Parr for the cover of its 2013 South Carolina Super Lawyers Magazine, which features attorneys who embody excellence in the practice of law. In addition to selecting Henry Parr for the 2013 cover feature, the magazine named Wallace Lightsey to…
Read More
Wyche at Work: April 2013 Employment Update
Prepared by Ted Gentry April 2013 E-Verify and SC Immigration Update The federal E-Verify program to confirm workers’ authorization to legally work in the United States continues to gain attention from employers and lawmakers alike. The U.S. Citizenship and Immigration Services reports that E-Verify enrollment increased by 35% in 2012 and grows by about 1,500 employers each…
Read More
Wyche at Work: March 2013 Employment Update
Prepared by Ted Gentry March 2013 Hiring Highlights We believe it’s a good sign that South Carolina businesses are concerned about hiring issues. Nationally, the average number of claims for new unemployment benefits this month was the lowest level since February 2008. The South Carolina Department of Employment and Workforce reported that nearly 27,000 more South Carolinians…
Read More
SCDHEC Launches “Permit Central”
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,…
Read More
SC Supreme Court rules for Richland County on penny tax
The State The March 22, 2013 edition of The State features an article entitled “SC Supreme Court rules for Richland County on penny tax” written by Dawn Hinshaw. Hinshaw writes that “A unanimous state Supreme Court has denied an anti-tax group’s protest of Richland County’s results of the Nov. 6 penny sales-tax referendum, paving the…
Read More
EPA Finalizes New Rules for Stationary Engines
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…
Read More
DHEC Seeks Comments on Environmental Regulations
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:…
Read More
New EPA Guidance Offers Tenants Liability Protection for Contamination
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…
Read More
Wyche at Work: February 2013 Employment Update
Prepared by Ted Gentry February 2013 Hiring Highlights As experts cautiously track the economy and job growth trends, your company may find itself in the position of recruiting and interviewing more applicants for job openings. Interviewing applicants – already a challenging task – takes on even more weight in light of the Equal Employment Opportunity…
Read More
Solar Energy Bill Introduced in House Faces Uncertain Future
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…
Read More
Wyche Lawyer Jo Hackl Receives ATHENA Leadership Award at Greenville Chamber Annual Meeting
The Greenville Chamber Website The Greenville Chamber held its 124th Annual Meeting, presented by TD Bank, on Thursday, February 21, 2013, at TD Convention Center. The event featured keynote speaker David Seaton, Chairman and CEO of Fluor Corporation (see bio below). Also addressing attendees were Chamber President and CEO Ben Haskew and 2012 Board Chair…
Read More
EPA Releases Greenhouse Gas Emissions Data
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…
Read More
Solar Energy Bill Introduced in General Assembly
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,…
Read More
Restaurant owner fends off chain’s $4 million counterclaim
By David Donovan South Carolina Lawyers Weekly A Greenville restaurateur and owner of No Regrets Properties presumably has no regrets after a jury awarded him a verdict of over $64,000 against a national restaurant franchisor and rejected the national company’s $4 million counterclaim against him. Richard Godley agreed to set up a franchise of Indigo…
Read More
Wyche at Work: January 2013 Employment Update
Prepared by Ted Gentry January 2013 Hiring Highlights In response to the job growth trend in South Carolina at the end of 2012, Wyche at Work launched a series of articles on hiring issues. We have previously discussed E-Verify requirements and the need to question applicants about any existing contractual obligations that might interfere with their…
Read More
Recoveries and Protections for Whistleblowers Under the False Claims Act
Written by Wyche attorney, John C. Moylan January 2012 From 1988 through 2010, the United States has recovered more than 27 billion dollars through the False Claims Act and whistleblowers have received nearly 3 billion dollars in relator share awards. See the Department of Justice Fraud Statistics Overview for more information. That 3 billion dollars…
Read More
Wyche Attorney Rita Bolt Barker Wins National Environmental Advocacy Award
GREENVILLE, S.C. – Wyche attorney Rita Bolt Barker is one of only 12 lawyers across the country to receive the prestigious “Distinguished Environmental Advocacy Award” from the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The award recognizes the contributions of lawyers to the development of law, policy and programs in the…
Read More
“Top-tier Leaders Lend Experience, Expertise to Liberty Fellows”
Liberty Fellowship Website The Liberty Fellowship Program issued a press release on January 15, 2013 entitled “Top-tier Leaders Lend Experience, Expertise to Liberty Fellows” announcing the senior advisors for their Class of 2014. Two Wyche attorneys, Jo Watson Hackl and Matthew Richardson, both former Liberty Fellows, have been selected to serve as advisors. The full…
Read More
Wyche Corporate Lawyers Wrapped Up 2012 with a Flurry of Deal Closings Collectively Valued at Over $650 Million
GREENVILLE, S.C. – The Wyche corporate lawyers wrapped up 2012 with a flurry of deal closings including six acquisitions, four corporate financing deals, one merger, and the sale of one client’s business. The total value of these transactions is over $650 Million. “Wyche has an uncommonly deep and experienced bench of corporate lawyers for a…
Read More
EPA to Highlight Key Environmental Issues in the Southeastern Region
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…
Read More
Leadership and Staffing Changes Announced at Federal and State Regulatory Agencies
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…
Read More