Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more
The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived. First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more
11/13/2023
/ Clean Water Act ,
Department of Environmental Quality ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
North Carolina ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On April 21, 2023, the eve of Earth Day, President Biden continued his Administration's spotlight on environmental justice issues by signing Executive Order 14096, entitled "Revitalizing Our Nation's Commitment to...more
It's that song in your head that you can't stop hearing.
On March 20, 2023, the 500-plus page final Revised Definition of "Waters of the United States" ("2023 WOTUS Rule" or "Rule") went into effect, published jointly by...more
The United States Environmental Protection Agency ("EPA") adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022. The updated standard adds more refined investigation and...more
Developers in North Carolina must obtain numerous permits from various governmental agencies before constructing a planned community or developing condominiums.
Most construction permits end by their terms upon...more
The concept of "environmental justice" (or "EJ" among environmental practitioners) is not new.
It developed in response to the inordinate number of industrial facilities and contaminated sites located near...more
Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events.
How communities deal with these problems was the focus of Ward and Smith's latest...more
The ongoing saga of how to define "waters of the United States" (WOTUS) continues.
In this latest installment, we have, in effect, time-traveled back to 2008. The United States Environmental Protection Agency ("EPA")...more
Extensive changes to North Carolina's stormwater runoff statute went into effect today as part of Session Law 2021-158.
The Stormwater Program amendments are embedded in an environmental omnibus bill entitled "An Act to...more
On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017 by...more
5/11/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Functional Equivalent ,
Groundwater ,
Navigable Waters ,
NPDES ,
Regulatory Reform ,
Waters of the United States
On Thursday, March 26, 2020, the U.S. Environmental Protection Agency ("EPA") published guidance for how it will enforce environmental legal obligations during the COVID-19 pandemic.
The temporary policy, which is...more
Virus-killing myths, like gargling salt water, are floating around as fast as toilet paper has flown off the grocery store shelves.
When those shelves are restocked, what is effective for cleaning surfaces in residential,...more
We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act.
The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more
10/24/2019
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
New Regulations ,
Public Comment ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
Wondering about the outlook for the construction industry in 2019 and beyond?
Chris Daum, president and CEO of Raleigh-based FMI Corp., has a forecast. Daum told attendees at Ward and Smith’s 2019 Construction Conference,...more
The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surface...more
Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide.
The attraction to dense, urban communities offering work/live/play opportunities and away from suburban living has...more
In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the Governor's veto that includes relaxation of environmental provisions.
This...more
On Monday, October 15, the North Carolina General Assembly voted during a Special Session to approve Senate Bill 3, which appropriated an unprecedented $794 million in state funds for Hurricane Florence relief.
Roughly...more
It's been two weeks since the full force of Hurricane Florence squarely hit the eastern North Carolina coast from New Bern to Wilmington and all parts in between.
As we struggle to find a new normal and address recovery...more
Can the law that protects the quality of the nation's waters seep into groundwater below the surface?
According to the United States Court of Appeals for the Fourth Circuit, which includes North Carolina in its...more
The North Carolina Chamber hosted its annual Environmental Compliance Conference on February 1, 2018, in Durham. North Carolina leaders were on hand to provide updates and advice on environmental compliance regarding air,...more
3/8/2018
/ Department of Environmental Quality ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Land-Use Permits ,
NAAQS ,
NPDES ,
Professional Conferences ,
State and Local Government ,
Technical Conference ,
Waste Management ,
Water Supplies
Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without a named storm, causes property to saturate...more
North Carolina is prioritizing the marine fisheries and oyster industries to provide growth opportunities for non-urban coastal communities. Activities in the North Carolina House of Representatives and Senate during the last...more
Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more
6/14/2017
/ Administrative Procedure Act ,
Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Justice Scalia ,
Nexus ,
Public Comment ,
Rapanos v US ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States