For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.
In this edition, we discuss a recent Florida district court case involving prosecutorial misconduct resulting...more
8/30/2021
/ Antitrust Provisions ,
Attorney Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Ethics Breach ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Privileged Documents ,
Wage-Fixing
”Environmental Justice” is an effort intended to address the disproportionate adverse impacts of pollution on disadvantaged communities, primarily comprised of minorities and lower-income people. Environmental Justice (“EJ”)...more
“Environmental Justice” is an effort intended to address the disproportionate adverse impacts of pollution on disadvantaged communities, primarily comprised of minorities and lower-income people. The movement is gaining media...more
Attention foreign investors and companies looking to locate or expand in Georgia: Don’t let new Environmental Justice considerations catch you by surprise.
Originally published in Global Atlanta - June 25th, 2021. ...more
On December 9, 2020, the Court of Appeals for the Eleventh Circuit overturned the criminal conviction of a Georgia man for dumping over 3,000 gallons of diesel fuel in a parking lot that migrated through a stormwater system...more
President Trump issued an Executive Order on October 9, 2019, to make the use of guidance documents by federal agencies more transparent. The Environmental Protection Agency subsequently promulgated a final rule, effective...more
Two related cases recently filed in the District of South Carolina federal court exemplify an upcoming area of potential liability related to Per- and Polyfluoroalkyl Substances, commonly known as “PFAS”. ...more
AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S....more
In the event that a company is faced with a penalty for violating environmental requirements, it is helpful to know that penalty amounts can often be negotiated. Maximum amounts are set by law, but environmental agencies...more
On February 22, 2019, the Environmental Protection Agency (EPA) published its final rule revising management standards for hazardous waste pharmaceuticals, which will take effect August 2019. Healthcare facilities that...more
4/25/2019
/ Continuing Education ,
Continuing Legal Education ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Healthcare Facilities ,
Hospice ,
Hospitals ,
Long Term Care Facilities ,
New Rules ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
RCRA ,
Skilled Nursing Facility
American environmental laws can be daunting for a foreign investor. For example, both federal and state laws can impose strict liability, which is liability regardless of fault or intent, on the owner or tenant of a...more
Health care facilities that provide a host of health care-related services or distribute, sell, or dispense pharmaceuticals will need to learn a whole new set of regulations thanks to a finalized new rule promulgated by the...more
Despite the Trump Administration’s pronounced goal of reducing administrative burdens on businesses, OSHA inspections and enforcement actions increased during 2017 and 2018. The average penalty amount assessed also increased....more
For the first time, EPA has proposed to add a property to the National Priorities List (“NPL”), otherwise known as the Superfund list, based solely on the risk of vapor intrusion. The NPL contains the worst contaminated,...more
A federal court recently found the City of Fairbanks, Alaska responsible for 55% of the remediation costs necessary to clean up property it used to own because it should have taken action to mitigate the harm or warn the...more
EPA published notice in the Federal Register on June 20, 2017, updating the “All Appropriate Inquiry Rule” for forestland and rural property. A purchaser or a tenant must demonstrate that it has performed All Appropriate...more
OSHA is scheduled to publish a final rule January 19, 2017 in the Federal Register, clarifying an employer’s ongoing duty to correct records of injuries and illnesses. The rule, which modifies 29 CFR Part 1904, will become...more
On September 6, 2016, the Environmental Protection Agency issued a final rule re-designating fourteen counties in Georgia from “non-attainment” to “unclassifiable/attainment” for particulate matter under the Clean Air Act....more
Effective August 1, OSHA, EPA and the Department of the Interior, among other federal agencies, are raising the ranges of civil penalties assessed under their respective programs. The Federal Civil Penalties Inflation...more
The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more