Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes,...more
On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more
The long-anticipated new ASTM standard concerning Phase I environmental site assessments (ESAs), which was finally expected to go into effect mid-May, is in limbo while the U.S. Environmental Protection Agency (EPA) considers...more
Since the 1970s, the National Environmental Policy Act (“NEPA” or the “Act”) has required federal agencies to evaluate the environmental impacts of their proposed actions. Although NEPA was widely criticized from both sides,...more
Europe’s offshore wind sector enjoyed a record $31 billion of investment in 2020. The U.S has some serious work to do to catch up. While development of land-based wind and solar projects continues at a rapid pace across the...more
In response to the COVID-19 pandemic, courts and litigants are reinventing civil litigation – holding hearings on Zoom or Skype, using emails and conference calls to communicate status, and taking remote depositions. That...more
On May 11, St. Louis City Health Commissioner Fredrick Echols issued Order No. 8, adopting the Phase I Reopening Standards and Guidance, along with various exhibits relevant to the opening of certain industry groups. This...more
The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more
On May 8, acting director Emily Doucette issued a Public Health Order, adopting the Missouri Show-me Strong Recovery Order dated April 27, 2020. Under the new order, certain businesses will be able to reopen, and individuals...more
The pandemic may be slowing down commerce, but there has been no slowdown on critical developments affecting core issues in interpreting the jurisdiction of the Clean Water Act (CWA). In just over one week, there have been...more
On October 22, 2019, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corp) published a final rule that will repeal an Obama-era Clean Water Rule (CWR) defining Waters of the United States (WOTUS)...more
Under the CWA, the discharge of pollutants, meaning the “addition of any pollutant to navigable waters from any point source,” without a permit is prohibited. Previously, we reported on the circuit split (Part 1) between the...more
As discussed in prior blog posts, the Federal Circuits became split (Part 1) in 2018 on whether the Clean Water Act (“CWA” or the “Act”) regulates discharges of pollutants from point sources that reach navigable waters...more
Per- and polyfluoroalkyl substances (“PFAS”) are synthetic chemicals used in a number of industrial processes and in the manufacturing of certain consumer goods because of their fire resistance and because they repel oil,...more
Previously, we reported the Federal Circuit split (Part 1) regarding indirect discharges to navigable waters through groundwater and the Supreme Court’s grant of certiorari in one of those cases (Part 2), which will hopefully...more
Under the Clean Water Act-
The Clean Water Act (CWA or the Act) expressly forbids the discharge of pollutants without a permit. The term “discharge of pollutants” means the “addition of any pollutant to navigable waters...more