News & Analysis as of

EPA and U.S. Army Corps of Engineers Propose to Expand Federal Jurisdiction over Waters and Wetlands

Expansive New Definition of “Waters of the United States” - On March 25, 2014, the United States Army Corps of Engineers and the United States Environmental Protection Agency, which share jurisdiction under the Clean...more

City Not Required to Analyze Impacts of Existing Soil Contamination

In Parker Shattuck Neighbors v. Berkeley City Council, the Court of Appeal determined that impacts from existing soil contamination on a project’s construction workers or future occupants was not an environmental impact under...more

DEQ Proposes Wetland General Permit For Blueberry Farming, Public Comment Period Now Open

On December 30, 2013, the Michigan Department of Environmental Quality ("DEQ") publicly noticed a proposed general permit category for activities in wetlands. The activity involves blueberry farming and it -- at long-last --...more

Wetland Projects: The Legality of Certain MDDEFP Requirements is Confirmed

On October 18, 2013, the Court of Appeal of Quebec reversed the Superior Court of Quebec’s decision in the Atocas de l’érable inc. case, quashing directive no. 06-01, used by the ministre du Développement durable, de...more

Florida Adopts A Statewide Rule For Environmental Resource Permits

Following new state legislation granting the Florida Department of Environmental Protection (“FDEP”) the authority to establish one statewide rule for the environmental resource permitting (“ERP”) program, FDEP in early...more

EPA Moves To Expand Federal Clean Water Act Jurisdiction

The prolonged controversy over the Clean Water Act’s reach may be coming to a dramatic head. On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report finding that all of...more

Government of Alberta Introduces New, Flexible Wetlands Policy

On September 10, 2013, the Government of Alberta announced its new Alberta Wetland Policy (Policy), which has been developed in an effort to conserve, restore, protect and manage Alberta’s wetlands while providing regulatory...more

Farmers Win Some And Lose More In Michigan Wetland Amendments

Public Act 98 of 2013 signed by Gov. Rick Snyder on July 2, 2013 brought about long-expected changes to Michigan's wetland statute....more

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