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EPA Adds Seven PFAS Chemical Compounds to the Toxic Release Inventory

In a final rule published on May 17, 2024, and to become effective June 17, 2024, EPA has added seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to toxic chemical release reporting under the...more

UPDATE: Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

On March 18, 2024, we issued an alert addressing Virginia Department of Environmental Quality’s (VDEQ’s) recently proposed Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The proposed Handbook is available...more

Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

In January 2024, the Virginia Department of Environmental Quality (VDEQ) released the Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The Handbook provides guidance to implement construction stormwater...more

Virginia’s Ongoing Construction Stormwater Program Guidance Evolution: Part III - A Recap and a Look Ahead

Virginia’s construction stormwater discharge permit program continues to evolve on various fronts, including program implementation guidance. Indeed, stormwater regulatory stakeholders have much to digest from recent activity...more

Environmental Notes - July 2023

North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more

[Webinar] Renewable Energy Series: Environmental Considerations When Siting and Permitting Renewable Energy Projects - May 3rd,...

Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more

VA DEQ’s 2022 Flood of Stormwater-Related Guidance - Part II: Proposed Technical Memorandum

​​​​​​​Virginia’s construction stormwater discharge permit program appears to be undergoing major transformation over the next six to nine months, and reception to these changes from stakeholders is likely to vary given the...more

DEQ's 2022 Flood of Stormwater-Related Guidance for VA - Part I

​​​​​​​The Virginia Department of Environmental Quality (DEQ) is poised to unleash in 2022 a flood of new stormwater-related regulatory actions and related procedural and technical guidance for development projects and...more

Virginia DEQ Issues Implementation Framework for its Recent Stormwater Memorandum for Solar Projects

On April 14, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum addressing the framework for the implementation of more stringent stormwater management...more

[Webinar] Environmental Considerations When Acquiring or Permitting Utility-Scale Solar Projects in Virginia - April 14th, 11:00...

Conducting environmental due diligence and considering a project’s impact on the environment are essential in acquiring or permitting utility-scale solar projects in Virginia. This was underscored by the Virginia Department...more

Virginia DEQ Issues More Stringent Stormwater Management Policy for Solar Projects

On March 29, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum implementing a new and much more stringent post-development stormwater management policy for...more

Environmental Notes - March 2022

On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more

Sackett II Wetland Case Brewing Even As “Waters of the United States” Definition Simmers

On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more

Wetland Permitting in Virginia Made Murky by New Federal Rules and Corps District Staffing Shortages

A combination of federal wetland regulatory actions presents substantial uncertainty for regulated parties as they navigate wetland delineation and permitting processes for their projects. These concerns are compounded in...more

Environmental Notes - January 2022

New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more

Virginia DEQ Suspends Issuance of Bona Fide Prospective Purchaser, Lender Liability and other Brownfield Program Comfort Letters

The Virginia Department of Environmental Quality (VDEQ) has just given notice on its website that, effective immediately, it has stopped issuing so-called “comfort letters” as part of its brownfield program. Such comfort...more

Revised Tidal Wetlands Guidelines for Virginia: A New Mandate for Living Shoreline Use and Sea Level Rise Adaptation

Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.”...more

Environmental Notes - July 2021

Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more

Shoreline Protection: Proposed Virginia Regulatory Amendments for Coastal Resiliency and Climate Change Adaptation within...

Recent legislation and just proposed regulatory amendments present a new opportunity, but also potential concerns, for implementing climate change resiliency measures on properties subject to Virginia’s Chesapeake Bay...more

Environmental Notes - March 2021

Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more

Environmental Notes - January 2021

Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Environmental Notes - November 2020

If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more

Proposed Definition of “Habitat”: New Ground for Endangered Species Act Regulations

The U.S. Fish & Wildlife Service and the National Marine Fisheries Service (together, the “Services”) recently issued a proposed rule adding a definition of “habitat” to the regulations implementing Section 4 of the...more

Environmental Notes - July 2020

Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special...more

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