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Nelson Mullins COVID-19 Resources

Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

In addition, click the link below to access extensive resources to address a wide variety of topics resulting from the virus, in general and by industry,  including topics such as essential businesses, force majeure, business interruption insurance, CARES Act and FFCRA, and others. 

Nelson Mullins COVID-19 Resources

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May 20, 2020

Bar Foundation, Supreme Court Historical Society Feature Claude Scarborough in Podcast Series
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September 17, 2019

Transfer-Based Exclusion Upheld: Court Discards “Discard” Argument

By Karen Aldridge Crawford

ABA Environmental & Energy Litigation Section

Reprinted with permission from the ABA Environmental & Energy Litigation Section

On July 2, 2019, the U.S. Court of Appeals for the D.C. Circuit denied a petition for review of the Environmental Protection Agency’s (EPA) transfer-based exclusion for hazardous secondary materials filed by California Communities Against Toxics et al., finding (1) that the “EPA did not act contrary to RCRA [the Resource Conservation and Recovery Act] in adopting the Transfer-Based Exclusion because hazardous secondary materials are not necessarily ‘discarded’ each time they are transferred from a generator to a reclaimer along with payment” and (2) that the “EPA has provided a reasoned explanation for applying different standards to materials that are not yet part of the waste disposal problem RCRA addresses where they meet conditions EPA concluded were adequate for safe transfer and legitimate recycling.” Cal. Comtys. Against Toxics v. EPA, No. 18-1163 (July 2, 2019). The petitioners had argued that “a generator ‘discards’ hazardous material whenever it pays a reclaimer to accept the material” and that the EPA had “not provided a reasoned explanation for treating hazardous material differently based on whether it [wa]s sent to a reclaimer instead of a treatment, storage, or disposal facility.” The petitioners also argued that the “EPA has already identified deficiencies in the Transfer-Based Exclusion,” which had been replaced in 2015, reinstated by the court in 2017, and reissued by the EPA as modified in 2018.