The Atlanta Lawyer February 2016 | Page 28

SECTION UPDATE SECTION UPDATE Estate Planning & Probate Section By Katrenia R. Collins, LLC [email protected] IIn January, Brian Deautch spoke to our Section about Adult Guardianships. He discussed issues attorneys should consider prior to filing a petition for adult guardianship. He also discussed the requirements for filing a petition, jurisdiction options, the various types of petitions, the evaluation process, and what happens when a petition for guardianship is contested. Brian advised us that each probate court in Georgia operates differently and suggested we contact the court in advance regarding its practices. He pointed out that some courts order background checks. So, we should make sure the nominated guardian can pass a background check prior to filing a petition for Guardianship. In February, Chris Foster with LivHome, one of our Section sponsors, gave a great, heart-felt presentation on planning for longevity. He did a great job of putting faces on what we do. He spoke about longevity, the importance of assisting clients in organizing their estate planning documents, and explained why in-home rehabilitation services may be more appropriate after a hospital stay. If you missed his presentation, you missed a treat. In February, the Section also had its first joint social with the Litigation and Elder Law Sections. We had a great turn out. By Richard E. Glaze, Jr. & Elizabeth Gray Nuñez Balch & Bingham LLP [email protected], [email protected] Upcoming Events March 9th Breakfast Meeting (7:30am-9:00am) Topic: The Little Unknown Tax Hazards of Disregarded LLCs Speaker: Cassady V. (“Cass”) Brewer March 10th Joint Social ‒ Elder Law Section, Tax Law Section & FPA (5:30pm-8:30pm) Location: Gordan Biersch, 3242 Peachtree Street, Atlanta, GA, 30305 Cost: Section Members – Free April 13th Breakfast Meeting (7:30am-9:00am) Topic: Update on Georgia Probate Form Revisions Speaker: Judge Wolk (Topic: Update on Georgia Probate Form Revisions) April 19th Mary Radford Luncheon (12:00pm-) Location: Maggiano’s, 3368 Peachtree Road, Atlanta, GA Topic: Georgia Law Update May 11th Breakfast Meeting (7:30am-9:00am) Topic: TBA Speaker: Christy Eckoff June 8th Breakfast Meeting (7:30am-9:00am) Topic: Charitable Gift Agreements Speaker: Alan Rothschild 28 February 2016 Environmental Law and Toxic Tort Section The Environmental Law and Toxic Tort Section is excited to report several upcoming events. First, the Section will hold a winter social with the Construction Law and Real Estate Law Sections February 25 at RiRa Pub. All Atlanta Bar members are welcome. The Section is then planning a service day with the Lifecycle Building Center to assist the Center in its mission to promote sustainability by recycling building materials to reduce waste and make the materials more affordable for the community. Our final event for the year will be a joint meeting with the Construction Law Section on April 26 where we will explore the legal impact of the proposed Clean Water Act “Waters of the United States” rule that interprets the central jurisdictional concept of the Act. The following case summaries address recent federal court action on major environmental rules that are meaningful for many of our clients and for us, personally: Key Clean Water Act Rule Stayed by 6th Circuit On October 9, 2015, in the State of Ohio vs. EPA et. al., the U.S. Court of Appeals for the Sixth Circuit stayed enforcement of a Clean Water Act regulation known as the “WOTUS” rule. “WOTUS” refers to the Rule’s new definition of “Waters of the United States,” which defines the scope of federal jurisdiction under the Clean Water Act. The Rule’s opponents claim that the Rule illegally expands federal jurisdiction over water regulation beyond what is contemplated in the Clean Water Act. A divided panel of the Sixth Circuit held that staying enforcement of the WOTUS rule will preserve the existing conditions prior to the Rule’s effective date of August 28, 2015, and that a stay is warranted because the Rule’s opponents have a “substantial possibility of success on the merits of their claims.” The court found that, if the WOTUS Rule’s enforcement began before a final judgment on its merits, the burden on government bodies (state and federal) and private parties would outweigh any potential harm avoided by beginning enforcement: “the sheer breadth of the ripple effects caused by the Rule’s definitional changes counsels strongly in favor of maintaining the status quo for the time being.” This case is still ongoing in the Sixth Circuit regarding other issues — includ- ing whether the Sixth Circuit has subject-matter jurisdiction to hear the case at all — but the stay will likely remain in place until the Supreme Court rules on the validity of the WOTUS rule. For more information, see http://www.ohioenvironmentallawblog.com/uploads/file/In%20re%20EPA%20Clean%20 Water%20Rule%20Sixth%20Circuit%20Oct%209%202015.pdf. Supreme Court Stays Clean Power Plan On February 9, 2016, in West Virginia v. EPA, the U.S. Supreme Court stayed enforcement of the U.S. Environmental Protection Agency’s Clean Power Plan Rules (the “Plan”), which would require states to reduce emissions of carbon dioxide and other greenhouse gases from large coal-fired or natural gas power plants by 33% by the year 2030. This decision was unprecedented because appeals of the Plan are currently before the D.C. Circuit Court of Appeals (“D.C. Circuit”), which has yet to rule on the merits of the case. The Supreme Court’s stay will remain in place regardless of the D.C. Circuit’s decision on the case—until the Supreme Court either grants certiorari or decides not to hear an appeal of the D.C. Circuit’s decision. Justice Antonin Scalia was one of the Clean Power Plan’s fiercest opponents, and his unexpected death has thrown the future of the Plan into flux. Whether the Supreme Court ultimately approves the plan n