The Landscape

At Wyche, we strive to keep our clients and friends in the know about all the latest commercial real estate, environmental, and sustainability news. We hope you'll continue to frequent this blog to find our musings on the ever-changing environmental landscape in South Carolina or subscribe to receive updates as they happen.

Most Recent Post

SC Lowcountry Boundaries Moved as Part of Statewide Project

March 21st, 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 and Beaufort County has annexed 5.95 acres from Jasper County along the ...

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SC Manufacturer Liability Protection Act Limits Nuisance Actions Against Manufacturing Facilities

March 12th, 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 ...

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DHEC Issues Emergency Orders in Advance of Hurricane Irma

September 8th, 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 ...

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President Trump Orders Review of National Monuments

April 28th, 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 ...

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Trump Directs Review of EPA’s Waters of the US Rule

February 28th, 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 ...

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Stream Protection Rule Repealed

February 17th, 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 ...

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General Assembly to Consider Reauthorization of State Conservation Bank

January 30th, 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 ...

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Trump Taps Oklahoma AG to Lead EPA

December 8th, 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 ...

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Possible Trump Picks for EPA Administrator

November 28th, 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 ...

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EPA Releases Environmental Justice Plan

October 28th, 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 ...

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Administration Rolls Out Final Emissions Standards for Big Trucks

August 17th, 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, ...

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EPA Finalizes Formaldehyde Rule Regulating Composite Wood Flooring and Furniture

August 5th, 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 ...

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EPA Makes It Easier for Citizens to Report Environmental Violations

July 25th, 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 ...

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Trader Joe’s Settles Clean Air Act Violations

July 22nd, 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 ...

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TSCA Reform: Congress Passes First Major Environmental Legislation in More Than 25 Years

June 10th, 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 ...

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May 31st, 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 ...

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Methane Emissions Rule Finalized

May 13th, 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 ...

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Beach Monitoring Season Begins May 1

April 25th, 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 ...

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Celebrate Earth Day

April 22nd, 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 ...

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SC House Wants to Bag the Bag Bans

April 13th, 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 ...

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EPA Announces Safer Choice Label for Cleaning Products

April 8th, 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 ...

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Glass Recycling Ends in Upstate South Carolina

March 24th, 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 ...

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Atlantic Coast Removed from Offshore Drilling Plan

March 15th, 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 ...

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EPA Releases Drinking Water Mapping Tool

March 14th, 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 ...

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SCOTUS Halts Clean Power Plan

February 10th, 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 ...

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EPA Seeks Faith Community’s Assistance to Reduce Food Waste

February 2nd, 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 ...

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Latest Toxics Release Inventory Issued

January 29th, 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 ...

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Say Goodbye to Microbeads

January 21st, 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 ...

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The Top 3 Environmental News Stories of the Month

December 22nd, 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. ...

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EPA Launches eDisclosure Portal for Self-Disclosure of Environmental Violations

December 14th, 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 ...

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Greenville Selected for Inaugural Envision America Smart Cities Initiative

December 4th, 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, ...

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SC Dam Assessment Complete

November 12th, 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 ...

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Lawsuits Follow Finalization of Clean Power Plan

October 27th, 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 ...

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DHEC Issues Emergency Orders on Dams

October 19th, 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 ...

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Federal Appeals Court Issues Nationwide Stay of EPA’s “Waters of the United States” Rule

October 16th, 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 ...

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Corps Institutes Emergency Permitting Procedures

October 7th, 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 ...

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Final Revisions to Agricultural Worker Protection Standard

October 6th, 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 ...

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EPA Announces New Ozone Standard

October 5th, 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 ...

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EPA Issues Final Rule on Clean Water Act Electronic Reporting

September 30th, 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 ...

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SC Supreme Court Opens Door to "Stigma Damages"

August 31st, 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 ...

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President Obama Announces Clean Energy Initiatives

August 27th, 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 ...

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New Leadership at Upstate Forever

August 13th, 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 ...

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City of Greenville Announces Expanded Recycling Program

August 10th, 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 ...

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Administration Announces New Clean Power Plan

August 7th, 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 ...

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What is Seismic Surveying and is it Happening in South Carolina?

July 29th, 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 ...

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Twenty-Seven States, Including South Carolina, Initiate Challenges to EPA’s Clean Water Rule

July 2nd, 2015

in Environment

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 ...

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Supreme Court Rules That EPA Did Not Properly Consider Costs in Regulating Mercury Emissions

June 29th, 2015

in Environment

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 ...

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EPA Releases Technical Guides Regarding Vapor Intrusion Assessment and Mitigation

June 17th, 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 ...

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EPA Announces 1 Million in Grants for Brownfield Sites in SC

June 10th, 2015

in Environment

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.  ...

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S.C. Senate Approves Heigel to Lead DHEC

June 8th, 2015

in Environment

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, ...

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Final Clean Water Rule Issued

May 29th, 2015

in Environment

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 ...

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Bank of America Issues $600 Million Green Bond

May 15th, 2015

in Environment

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 ...

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Agricultural Producers Beware: Dairy Owner Sentenced to Home Detention and Ordered to Pay Penalties for Cattle Wastes Discharged into French Broad River

May 6th, 2015

in Environment

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 ...

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DHEC Names Choice for New Director

April 27th, 2015

in Environment

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, ...

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EPA Releases 20th Annual Greenhouse Gas Inventory

April 17th, 2015

in Environment

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 ...

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New Air Quality Standards for Ozone Could Hamper Upstate SC Economic Development

March 26th, 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 ...

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Public Comment Period to Close March 30 on Plan for Offshore Oil Development

March 23rd, 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 ...

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After DHEC Director Nominee’s Withdrawal, Agency Conducts Search for New Director

March 18th, 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 ...

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A Founder. A Friend. A Legacy.

January 26th, 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 ...

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DHEC Board Names Eleanor Kitzman as New Director

January 13th, 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 ...

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DHEC Director Catherine Templeton Resigns

January 9th, 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 ...

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SC Supreme Court Rules Against Proposed Kiawah Island Bulkhead

December 12th, 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 ...

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New Leadership at Office of Ocean and Coastal Resource Management

November 17th, 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 ...

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EPA Releases Action Plan for RE-Powering America’s Land Initiative

November 13th, 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 ...

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Modifications Proposed to Standards for Wastewater Facility Construction

November 11th, 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 ...

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EPA Announces Historic Greenhouse Gas Enforcement Case

November 6th, 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 ...

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EPA Changes All Appropriate Inquiries Standard: 2005 ASTM Standard No Longer Sufficient

October 9th, 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, ...

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EPA Releases Latest Greenhouse Gas Emissions Data

October 3rd, 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 ...

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EPA Extends Comment Period for its Clean Power Plan Proposal

September 19th, 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 ...

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S.C. Water Resources Conference Coming in October

September 10th, 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 ...

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SC Criminal Prosecutions Continue for Environmental Violations

September 3rd, 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, ...

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EPA Warns of Paint-Stripping Products

September 2nd, 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 ...

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South Carolina Legislative Roundup: 2014

August 11th, 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 ...

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SCDHEC Seeks Input on New General Mining Permit

July 31st, 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 ...

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In Light of Widespread PCB Contamination, ReWa Establishes a General Permit Program for Food Service Establishments

July 17th, 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 ...

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US Department of Energy Assists Alternative Fuel Vehicle Drivers with Its Fueling Station Locator

June 25th, 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, ...

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Supreme Court Sends Mixed Message to EPA on the Agency’s Authority to Regulate Greenhouse Gas Emissions from Stationary Sources

June 24th, 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 ...

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2014 South Carolina Clean Energy Summit Approaching

June 23rd, 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 ...

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Supreme Court Agrees that CERCLA Does Not Preempt State Statute of Repose

June 16th, 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 ...

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EPA Proposes Carbon Limits for Existing Power Plants

June 11th, 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 ...

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SC Bill to Expedite Environmental Permit Appeals Fails to Progress

June 9th, 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 ...

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EPA Awards $1.5 Million in Brownfields Grants to South Carolina Communities

June 2nd, 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 ...

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EPA Issues Reminder about Regulations Addressing Releases in Emergency Shutdowns

May 29th, 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 ...

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South Carolina Contractor Convicted for Clean Air Act Violations Arising from Improper Asbestos Removal

May 28th, 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, ...

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Upcoming “Lean and Green Manufacturing Workshop”

April 16th, 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 ...

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SCDHEC Issues Daily Ozone Forecasts

April 11th, 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 ...

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State Legislative Update

March 27th, 2014

The South Carolina General Assembly is in the middle of its 2014 term, which is scheduled to end on June 5.  Legislators are considering a number of bills that have ...

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Proposed EPA Rule Could Expand Protection of SC Wetlands

March 27th, 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 ...

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EPA Proposes Changes to Agricultural Worker Protection Standard

February 28th, 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 ...

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EPA Annual Report Shows Downward Trend in Enforcement Actions

February 27th, 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, ...

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EPA Issues Final Rule Authorizing the Use of Electronic Manifests for Hazardous Wastes

February 13th, 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 ...

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EPA Proposes Carbon Standards for New Coal and Natural Gas Power Plants

January 30th, 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 ...

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SC DHEC Pursuing RFP for Statewide Water Assessment

January 27th, 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 ...

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UPDATE: Supreme Court to Review Fourth Circuit CERCLA Decision

January 17th, 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 ...

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UPDATE: EPA Amends All-Appropriate Inquiries Rule

January 14th, 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 ...

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EPA Releases Strategic Plan for 2014-2018

December 23rd, 2013

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 ...

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EPA Adds Nine Hazardous Waste Sites to the National Priorities List

December 12th, 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 ...

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SCDHEC Seeks Comments on Amendments to Solid Waste Regulation

December 4th, 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 ...

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Restructuring May Be in Store for DHEC

November 20th, 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, ...

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Update – DHEC’s “Permit Central”

November 19th, 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.  ...

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EPA Releases Greenhouse Gas Emissions Data for Large Facilities

November 4th, 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 ...

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SCDHEC Drafting General Air Permit for Mine Operations

October 25th, 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 ...

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Is Sustainability Good for Business?

October 25th, 2013

The Riley Institute at Furman University and Upstate Forever are co-hosting a seminar on Green Economics entitled Why Sustainability is Good for Business and the Economy Tuesday, October 29, 2013 ...

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EPA Wrestling with New All Appropriate Inquiries Rule

October 15th, 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 ...

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Emergency Regulation Regarding Management of Wastewater System Sludge

October 8th, 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 ...

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Applications Being Accepted for SC Environmental Leadership Forum

October 4th, 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 ...

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EPA Proposes Pollution Regulations for New Power Plants

September 23rd, 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 ...

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SCDHEC on Lookout for Illegal Dumping

August 29th, 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 ...

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New EPA Application Helps Calculate and Combat Stormwater Runoff

August 20th, 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 ...

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Ruling May Lead to New Regulation of Biomass Plants

August 14th, 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 ...

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Facilities Using Solvent Wipes Get Relief from Waste Regulations

August 12th, 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 ...

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SC DHEC Proposes to Repeal and Streamline 25 Environmental Regulations

July 30th, 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 ...

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Tommy Wyche is the 2013 Green Day Honoree

July 26th, 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 ...

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Guest Blogger: Jenni Asman from Palmetto Green Schools Initiative

July 22nd, 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 ...

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Fourth Circuit Rules CERCLA Preempts State Statute of Repose

July 19th, 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 ...

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City of Greenville Passes Low-Impact Development Parking Program

July 11th, 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 ...

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New Study Raises Questions about Water Quality at SC Beaches

July 9th, 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 ...

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President Obama Releases Expansive Climate Action Plan

June 25th, 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 ...

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High Court Gives Government Agencies More Deference

June 14th, 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 ...

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Register for the 2013 SC Clean Energy Summit

June 12th, 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 ...

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Greenville County Addresses Stormwater Issues with Market Incentives

June 4th, 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 ...

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Environmental Non-Compliance Can Be Costly

June 3rd, 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 ...

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Tune in to SC ETV Radio at Noon

May 30th, 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, ...

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Solar Energy Bill Stalls in SC Senate

May 24th, 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 ...

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Brownfield Buyer Beware

May 21st, 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 ...

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State Ban on Seawalls Under Scrutiny

May 8th, 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 ...

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EPA Invests in Brownfields Redevelopment

April 30th, 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 ...

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SCDHEC Launches "Permit Central"

March 25th, 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 ...

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New Life for Solar Energy Bill

March 25th, 2013

A solar energy bill that stalled in the South Carolina House of Representatives has now been introduced in the SC Senate.  The bill is cosponsored by a bipartisan group of ...

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EPA Finalizes New Rules for Stationary Engines

March 8th, 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 ...

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DHEC Seeks Comments on Environmental Regulations

March 5th, 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 ...

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New EPA Guidance Offers Tenants Liability Protection for Contamination

March 4th, 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 ...

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Solar Energy Bill Introduced in House Faces Uncertain Future

February 22nd, 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, ...

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EPA Releases Greenhouse Gas Emissions Data

February 8th, 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 ...

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Solar Energy Bill Introduced in General Assembly

February 6th, 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 ...

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EPA to Highlight Key Environmental Issues in the Southeastern Region

January 11th, 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 ...

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Leadership and Staffing Changes Announced at Federal and State Regulatory Agencies

January 9th, 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 ...

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EPA Announces a More Stringent Standard for Soot Particles

January 4th, 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 ...

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Changes On the Way for Phase I Environmental Site Assessments

December 12th, 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.  ...

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BikeShare is Coming to Greenville!

December 6th, 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 ...

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The FTC Has Released New Green Guides

December 5th, 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 ...

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Wyche Named Official Climate Challenge Partner by American Bar Association and U.S. Environmental Protection Agency

November 20th, 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 ...

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SC Isolated Wetlands and Carolina Bays Task Force Indicates Preference for Protection Through Conservation Easements

November 16th, 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 ...

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EPA Takes Enforcement Action Against 16 Businesses for Alleged Violations of the Lead-Based Paint Renovation, Repair and Painting Rule

November 15th, 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 ...

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SC Isolated Wetlands and Carolina Bays Task Force's Next Meeting

October 31st, 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 ...

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EPA Launches App for Checking the Health of Waterways

October 25th, 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, ...

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City of Columbia Close to Agreement with EPA over Sewer System

October 15th, 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 ...

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EPA Names Twelve New Sites to the National Priorities List

October 9th, 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 ...

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SCDHEC Faces Permit Backlog

September 24th, 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 ...

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Congratulations to Greenville for Winning the EPA’s Clean Air Excellence Award

September 20th, 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. ...

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Upcoming Seminar on Managing Environmental Risks in Business Transactions

September 14th, 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 ...

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DHEC Announces Plan for New Group of Staff to Assist in Permitting Process

August 30th, 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 ...

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SC Isolated Wetlands Taskforce Meeting in September

August 20th, 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 ...

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The Basics of Carbon Trading

August 9th, 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 ...

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Senate Committee Approves the Safe Chemicals Act

August 6th, 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 ...

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Court of Appeals Upholds EPA Greenhouse Gas Regulations

July 27th, 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 ...

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DHEC’s Environmental Assistance Conference

July 16th, 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 ...

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Environmental Groups Take Aim at Coal Ash Ponds

June 28th, 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 ...

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DHEC Finalizes its Surface Water Withdrawal Regulation

June 27th, 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 ...

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Protecting the Blue Ridge Escarpment

June 21st, 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 ...

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Governor Haley Signs Amended SC Pollution Control Act

June 7th, 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 ...

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The South Carolina SUPERB Fund: A Tool for Remediating Petroleum Releases

June 1st, 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.  ...

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Pollution Control Act Compromise

May 30th, 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 ...

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South Carolina Conservation Bank Extended

May 15th, 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 ...

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SC Supreme Court to Hear Savannah Port Dredging Dispute

April 11th, 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 ...

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The U.S. Nuclear Regulatory Commission Approves S.C. Reactors

April 4th, 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 ...

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