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Round Two for Virginia’s Proposed Nonpoint Source Nutrient Credit Certification Regulation

The Virginia State Water Control Board (“Board”) recently approved a revised proposed regulation for the certification of non-point source nutrient credits (“NSN Credits”). The regulation now moves to the Governor’s office...more

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information...more

Environmental Notes - May 2017

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

Can Discharges to Groundwater Trigger Clean Water Act Liability

It’s a bad day when you find out that your facility has been leaking wastewater, wastes, petroleum product or chemicals. But if the leak went into the soil and the groundwater first, rather than a nearby creek, are you liable...more

Environmental Notes - April 2017

Most industrial facilities will, at some point, be inspected by an environmental regulatory agency. Generally, regulatory agencies have authority to enter public or private property that is governed by an environmental...more

EPA’s Water Transfers Rule Resurrected, but For How Long?

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...more

Environmental Notes - February 2017

President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more

U.S. Fish and Wildlife Service Finalizes ESA Compensatory Mitigation Policy

We reported in our April 2016 edition that the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) had recently updated certain Endangered Species Act (“ESA”) regulations and proposed...more

Environmental Notes - December 2016

The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

VDEQ Changes Approach to No Further Action Letters and Officially Launches VURAM

The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

Virginia DEQ Proposes to Amend its Enforcement Manual

Virginia’s Department of Environmental Quality (“DEQ”) plans to amend key portions of its enforcement manual (the “Manual”). The Manual details key enforcement policies of the agency and is used by DEQ to guide almost every...more

Virginia DEQ to Revise Risk Assessment Protocols

The Virginia Department of Environmental Quality (“DEQ”) is preparing to implement revised risk assessment protocols for many of its site cleanup programs. DEQ’s new approach is called the Virginia Unified Risk Assessment...more

Corps of Engineers Issues Proposal on Nationwide Permits

In early June, the U.S. Army Corps of Engineers (“Corps”) proposed to reissue its nationwide permits (“NWPs”) for certain wetland impacts. The proposed changes present some interesting issues and new opportunities for...more

Air Program Malfunction Exemption Nixed, But Not Agency Discretion

Virginia’s State Air Pollution Control Board (“Board”) recently amended its regulations to remove the long-standing malfunction exemption available to regulated sources of air pollution for violations of emission limits and...more

Environmental Notes - May 2016

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Feds Spawn New Rules and Policies for Protected Species Habitat and Mitigation

Federal agencies charged under the Endangered Species Act (“ESA”) with species protection have recently hatched revisions to regulations and policies that change substantially the determination and protection of habitat for...more

Environmental Notes - April 2016

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

Environmental Notes - February 2016

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Amendments to Virginia Hazardous Waste Regulations Offer Increased Flexibility

One of the most vexing aspects of hazardous waste management hinges on a very basic question: whether something is in fact a regulated hazardous waste in the first place. This fundamental issue often arises for recycled or...more

Environmental Notes - January 2016

Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

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