Sara Smith


Review: KY Brownfield Development Program

Sara Smith

  The Brownfield Development program in Kentucky has been in force for several years. We have seen success in helping previously used properties become vibrant and effective places of business, contributing to their communities once again. The program revolves around a statute that grants exemptions from investigation and cleanup liability to a person that purchases […]


Jurisdictional Determination

Sara Smith

The Supreme Court today found that an “approved jurisdictional determination” whether a property contains “waters of the United States” is a final agency action and can be taken through court review. The case of the United States Army Corps of Engineers v. Hawkes Co. Inc., et al was an appeal by the Corps from the […]


Communications Tower Safety in the Spotlight

Sara Smith

A partnership between the FCC and OSHA to improve communication tower safety was developed in 2014 and is in the process of developing a Best Practices guidance for the industry. The FCC has significant interface with the tower industry through its licensing functions and recognized that tower maintenance and construction are often performed by multiple […]


Changes in the Ozone Standard: What will the impact be?

Sara Smith


Permits and Off-Permit Requirements: What Do They Look Like and How Can You Manage Them?

Sara Smith

SMG’s job has always been to help the regulated community deal with the issues and requirements facing them in as efficient and comprehensive a way as possible. That is just getting harder and harder. This article is designed to help the regulated community best manage Permit Requirements Part 1 of 2 parts.    


Kentucky Energy Management Conference: Regulatory Update

Sara Smith

Sara Smith presented at the 2015 Kentucky Chamber Energy Conference on Regulatory Changes affecting Energy (2015).  This presentation outlines changes in the Methane Rule for the Oil and Gas Industry, the new Ozone standard, and ORSANCO requirements.


What is a HAB and what’s the big deal about it?

Sara Smith

The 2015 Ohio River harmful algal bloom or HAB was first identified on August 19 and was reported as a paint spill around Wheeling, WV at river mile 84. The description of a paint spill is not uncommon, as the algal bloom can have a swirling visual effect. On August 20, the report was confirmed […]


Avoiding EPCRA Reporting Violations

Sara Smith

At the 2015 Kentucky Chamber of Commerce Environment Permitting Conference, Sara Smith presented a “how-to” on avoiding EPCRA Reporting Violations.


Start Ups, Shut Downs and Upsets

Sara Smith

On June 12, 2015, EPA published a final rule (80 Fed. Reg. 33839) concluding that the State Implementation Plan (SIP) of many states, including Kentucky, is deficient due to their defenses for excess emissions during startup, shutdown, and malfunction.  The rule, entitled “State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s […]


New Regulations and Programs – Making Sense of It All

Sara Smith

As we have discussed frequently, in these pages and elsewhere, the adoption of new programs and regulations seems to be continuing to increase, both in pace and number and in complexity and cost.  As a limited example, just recently we have seen the Water of the US rule finalized; we are about to see a […]