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The Environmental Perspective: U.S. Supreme Court Overturns Chevron in Landmark Decision and Limits Federal Agency Powers

In a much anticipated, landmark decision in Loper Bright Enterprises et al. v. Raimondo, the U.S. Supreme Court on June 28, 2024, overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)....more

Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more

Major Boost Coming in Federal Brownfield and Superfund Spending and Focus

Following the enactment of the federal Infrastructure Investment and Jobs Act (H.R. 3684) and its signing into law by President Joseph R. Biden this month, significantly expanded federal funding and emphasis is expected in...more

New Environmental Tort Risk For Health Care Facilities & Sensitive Populations: Legionella In Building Water Systems

Legionella – a potentially dangerous bacteria that can pose significant health and legal risks when in a building’s interior water systems – is a growing concern with major tort litigation exposure for hospitals, health care...more

Hurricane Irma: To Facilitate Storm Recovery, Governor Scott & FDEP Issue Statewide Orders, Extending Development Approvals &...

To facilitate storm response, recovery, and reconstruction efforts, before Hurricane Irma's landfall, Governor Rick Scott and the Florida Department of Environmental Protection (FDEP) issued twin emergency orders on September...more

Florida Doubles Brownfield Cleanup And Redevelopment Tax Credits & Adds Innovative Tools For Site Cleanups

Innovative Florida environmental site cleanup and Brownfield programs received a boost as the 2017 regular session of the Florida Legislature concluded. Yesterday, Governor Scott signed into law a measure designed to add...more

FDEP Emergency Rule Expands Pollution Notifications, Creating Significant New Requirements for Facilities and Landowners in...

On September 26, 2016, as directed by Governor Rick Scott, Florida Department of Environmental Protection (FDEP) Secretary Jon Steverson issued an emergency rule (62ER16-01) that established new, expanded requirements for...more

Toxic Substances Control Act: Landmark Federal Environmental Statute Reformed

In June 2016, President Barack Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bill reforming the Toxic Substances Control Act (TSCA) of 1976. After forty years the landmark...more

Brownfield Legislation Passes 2014 Florida Legislative Session, Expanding Range of Redevelopment Tools

The Florida Legislature passed new Brownfield legislation in the 2014 legislative session that concluded in May 2014. The bill will be sent to Governor Rick Scott. If enacted into law, the legislation will expand the range of...more

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I...more

Florida's Brownfields Program Shows Record Participation, Provides Key Incentives for Cleanup & Redevelopment

The Florida Department of Environmental Protection (FDEP) released its annual Brownfield report this month, reporting record levels of participation in Florida's Brownfield program. Brownfields are sites with actual or...more

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