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Land Developers Environmental Protection Agency (EPA)

Goulston & Storrs PC

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

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Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more

Vinson & Elkins LLP

Questions Remain After EPA and the Army Corps Update the “Waters of the United States” Definition Following Sackett v. EPA

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On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

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Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Katten Muchin Rosenman LLP

New ASTM Standard for Phase I Environmental Site Assessments Takes Legal Effect: What This Means for Scoping Due Diligence

Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...more

Greenberg Glusker LLP

At Last - EPA Approves the New ASTM Phase I Environmental Site Assessment Standard

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On December 15, 2022, the United States Environmental Protection Agency (EPA) took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments. As previously noted, ASTM...more

Goldberg Segalla

The Clean Water Act’s Not So Clean Application in Close Cases

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Just last week, on October 3, 2022, Sackett v. EPA found itself once again before the U.S. Supreme Court for oral arguments, its first appearance at SCOTUS having been a decade before. In January 2022, when the Supreme Court...more

Adams and Reese LLP

NWPR Update: EPA Proposes New Old Wetland Rule; The Clock is Now Ticking for Florida’s Developers

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An Arizona district court decision right before Labor Day effectively put the pre-2015 wetlands jurisdiction rule back in effect for most states, eliminating changes made under both the Obama and Trump administrations. (See...more

Husch Blackwell LLP

A Revised ASTM Phase I Environmental Site Assessment Standard is Coming

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The American Society for Testing and Materials (“ASTM”) is expected to release a revised international standard for Phase I Environmental Site Assessments (“ESAs”) in December of 2021 that will clarify a number of key...more

Woods Rogers

Environmental Justice: A Changing Landscape for Virginia Developers

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A company in the formative stages of locating, permitting, and constructing any substantial industrial or commercial project needs to be keenly aware that the legal and regulatory landscape related to environmental justice is...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About - Part 1

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With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #5

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Trade groups sue California to stop threatened species listing for Western Joshua Tree - Bullet Desert Sun – October 27 - Several trade groups and a high desert town sued in Fresno County Superior Court on October 21 over...more

Holland & Knight LLP

ASTM's Proposed Definition of CREC May Jeopardize Landowner Liability Protections Under CERCLA

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ASTM International (ASTM) has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM's definition, as drafted, confuses risk-based decision-making with the implementation of institutional...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

Ballard Spahr LLP on

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

Ballard Spahr LLP on

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Foley & Lardner LLP

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

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On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

White & Case LLP

Proposed Revisions to Equator Principles Released for Review

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The Equator Principles Association (EPA) has released the much-awaited draft text of Equator Principles 4 (EP4). Further consultation of the draft text will be coordinated by the EPA in July and August, and it is anticipated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. EPA Office of Inspector General Amended Project Notification: Communication of Human Health Risks Posed by Sites in the...

The Office of Inspector General (“OIG”) of the United States Environmental Protection Agency (“EPA”) issued an Amended Project Notification (“Notification”) dated February 4th titled: Communication of Human Health Risks...more

Holland & Knight LLP

Environmental Screening Levels Ratchet Down: Implications for Regional Land Development - Corner Briefing: January 2019

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This Corner Briefing highlights new Environmental Screening Levels (ESLs) established by the San Francisco Regional Water Quality Control Board on Jan. 24, 2019. The new ESLs have the potential for making sites that cleared...more

Snell & Wilmer

Trump EPA Proposes Limitations to WOTUS Rule

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In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing...more

Bradley Arant Boult Cummings LLP

CERCLA and the Superfund Task Force: The more things change, the more they stay the same? - Thomson Reuters Westlaw

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tax Sale/Superfund: Federal Appellate Court Addresses Applicability of Third Party Defense

\The United States Court of Appeals for the Ninth Circuit (“Court”) addressed whether a California tax-sale purchaser was entitled to a third-party defense provided by the Comprehensive Environmental Response, Compensation,...more

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