Rafe Petersen

Rafe Petersen

Holland & Knight LLP

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Latest Publications


Montgomery County, Md., Must Meet MS4 Permit Obligations Despite Rulings

Maryland courts have issued two important decisions pertaining to the ability of Montgomery County, Md., to assess and collect stormwater management fees from a private landowner and the validity of the Municipal Separate...more

10/15/2015 - Compliance Storm Sewers Storm Water Water Quality Water Quality Control Boards

Fair Housing Act Prohibits Policies and Practices Causing a Disparate Impact - Housing Policies and Practices Must Be "Necessary...

On June 25, 2015, the U.S. Supreme Court held that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there...more

6/26/2015 - Affordable Housing Disparate Impact Fair Housing Act (FHA) Pleading Standards Race Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To...

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more

6/10/2015 - Clean Water Act Environmental Policies EPA Final Rules Groundwater Navigable Waters NPDES Obama Administration Oil Spills Science Advisory Board Sediment Control US Army Corps of Engineers US Geological Survey Waters of the United States Wetlands

Court Upholds Endangered Species Act Incidental Take Permit for Windfarm

On March 17, 2015, Judge Leon of the United States District Court for the District of Columbia issued a memorandum opinion upholding the United States Fish and Wildlife Service's (USFWS) issuance of an incidental take permit...more

3/25/2015 - Endangered Species Act Incidental Take Permits US Fish and Wildlife Service Wind Farm

Court Rules Disparate Impact Claims Cannot Be Made Under Fair Housing Act

Earlier this week, a federal district court judge struck down a regulation issued by the U.S. Department of Housing and Urban Development (HUD), which would have allowed for claims of housing discrimination to be based on...more

11/6/2014 - Discrimination Disparate Impact Fair Housing Act (FHA) HUD

Court Says "Porch-Like Structures" Do Not Violate ADA

In an important decision for retailers and other public accommodations, the Tenth Circuit overturned a lower court decision requiring that every "porch-like" entrance to Hollister retail establishments be remediated to be...more

9/8/2014 - ADA Corporate Counsel Disability Disability Discrimination Reasonable Accommodation

Fifth Circuit Limits the Reach of ESA "Take Liability" for State Regulatory Agencies Based on "Proximate Causation" Principles

The Fifth Circuit's decision provides important legal and factual guidance for whether an action will cause a "take" under the ESA. While the decision only affects states covered by the Fifth Circuit (Texas, Louisiana and...more

7/15/2014 - Endangered Species Endangered Species Act ESA Listings Proximate Cause

D.C. Circuit Defers to US Environmental Protection Agency's Decision to Retain Existing Acid Rain Standards In Light of Scientific...

On May 27, 2014 the D.C. Circuit upheld the United States Environmental Protection Agency's (EPA) decision to retain its existing air quality standards for nitrogen dioxide (NO2) and sulfur dioxide (SO2) which address the...more

5/30/2014 - Air Pollution Air Quality Standards Discharge of Pollutants Environmental Policies EPA

Proposed Endangered Species Act Regulations Would Revise Rules And Protections Related To "Critical Habitat" - Proposal Would...

HIGHLIGHTS - - The proposed regulations would considerably change the regulatory definitions related to "critical habitat" and "adverse modification," increasing agency discretion to designate and protect areas that...more

5/21/2014 - Critical Habitat ESA National Marine Fisheries Service Proposed Regulation US Fish and Wildlife Service

D.C. Judge Approves Consent Decree Requiring Publication Of USEPA Rule

On May 2, 2014 the United States District Court for the District of Columbia approved a consent decree in Appalachian Voices et. al. v McCarthy, 12 cv-00254 (RBW), setting December 19, 2014 as the date by which the United...more

5/13/2014 - Coal Coal Ash Consent Decrees EPA Proposed Amendments RCRA

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