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