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U.S. Supreme Court Limits Definition of Wetlands Under Clean Water Act

On May 25, 2023, the Supreme Court published their opinion in a case styled as Sackett II, which again focused on the definition of “waters of the United States” (WOTUS) and the jurisdictional reach the federal government had...more

Dealing with Dirt Problems Caused by Hurricane Ian: Debris and Damaged Structures

In the aftermath of Hurricane Ian, many residents and businesses must exert extraordinary efforts to begin the recovery from the massive damage caused by the storm. Initial efforts must be focused on removal of debris and...more

Material Price Escalation Has Become a Source of Substantial Conflict in Construction Contracting

The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and...more

Oil Production and Storage Facilities Must Maintain Spill Prevention, Control and Countermeasure (SPCC) Plans

Small oil production and storage facilities often overlook their obligations to develop and implement oil Spill Prevention, Control and Countermeasure (SPCC) plans. These requirements have been issued by the USEPA under the...more

The Supreme Court’s CTS Decision Will Have Limited Impact On Environmental Litigation

In a 7-2 decision, the US Supreme Court in CTS Corporation v. Peter Waldurger et al, ___ S. Ct. ____, 2014 WL 2560466 (June 9, 2014) upheld a North Carolina law known as a statute of repose which had barred tort claims by...more

6/30/2014

US Supreme Court Upholds Cross State Air Pollution Rules

The US Supreme Court issued a strong 6-2 ruling on April 29, 2014 which upheld proposed EPA regulations to regulate air pollution that crosses state boundaries under the Clean Air Act known as the “Cross-State Air Pollution...more

Condominium Warranties Do Not Apply to Some Florida Projects Built as Rental Housing

Florida’s Condominium Statutes provide unit owners with express statutory warranties from a Project Developer and Contractors that perform construction services. See F.S. 718.203. Such warranties have been the source of much...more

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