Mike Rolband was appointed Director of the Virginia Department of Environmental Quality in January 2022. Recently, Channing Martin, a partner in the Environment and Natural Resources Group at Williams Mullen, had the...more
Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more
5/6/2021
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Due Process ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Regulatory Oversight ,
Reversal ,
SMCRA ,
State Agencies ,
Storm Water
A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more
5/6/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Climate Change ,
Environmental Justice ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
Permits ,
PFAS ,
Proposed Amendments ,
Site Remediation ,
State Agencies ,
Wastewater
The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more
3/17/2021
/ Biden Administration ,
Center for Biological Diversity ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Final Rules ,
National Marine Fisheries Service ,
Permits ,
Regulatory Freeze ,
Sierra Club ,
Trump Administration ,
US Army Corps of Engineers ,
US Fish and Wildlife Service ,
Waters of the United States ,
Wetlands
As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its...more
The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more
7/20/2016
/ Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Action ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Owners ,
Mining ,
Permits ,
SCOTUS ,
US Army Corps of Engineers ,
Wetlands
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed -
The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more
3/17/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
CERCLA ,
Certiorari ,
Chesapeake Bay ,
Clean Water Act ,
Comment Period ,
Damages ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Farm Bureau ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Indemnification ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
Property Owners ,
Proposed Regulation ,
Real Estate Transfers ,
SCOTUS ,
Superfund ,
Takings Clause ,
TMDL ,
TX Supreme Court ,
US Army Corps of Engineers ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC) ,
Waters of the United States ,
Watershed ,
Wetlands
The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more
2/18/2016
/ CERCLA ,
Clean Power Plan ,
Clean Water Act ,
Duke Energy ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Justice Scalia ,
Order to Stay ,
Permits ,
SCOTUS ,
Storm Water Pollution Prevention Plan ,
US Fish and Wildlife Service ,
Waste Management
STATE AIR POLLUTION CONTROL BOARD -
A. Proposed Regulations -
1. 9VAC5-130. Regulation for Open Burning (Rev. E12) (amending 9VAC5-130-10 through 9VAC5-130-50, 9VAC5-130-100; repealing 9VAC5-130-60)....more