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
3/25/2024
/ Comment Period ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Handbooks ,
New Guidance ,
Proposed Regulation ,
Solar Energy ,
Storm Water ,
Stormwater Discharge Permits ,
Utilities Sector ,
Waste Management
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
8/29/2022
/ Chesapeake Bay ,
Comment Period ,
Construction Industry ,
Construction Project ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Proposed Regulation ,
Solar Farm ,
Storm Water ,
Stormwater Discharge Permits ,
Waste Management ,
Water Pollution ,
Water Quality
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
7/23/2021
/ Air Pollution ,
Air Quality Standards ,
Biden Administration ,
Boiler MACT Rule ,
Climate Change ,
Coastal Real Estate ,
Comment Period ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Hazardous Substances ,
Permits ,
Property Owners ,
Rising Sea Levels ,
Sea Levels ,
Trump Administration ,
Wetlands
In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more
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
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION -
The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
7/20/2016
/ Administrative Procedure Act ,
Air Pollution ,
Chemical Safety for the 21st Century Act ,
Clean Air Act ,
Clean Water Act ,
Comment Period ,
Construction Industry ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Final Action ,
Final Rules ,
Hawkes Co v United States Army Corps of Engineers ,
Jurisdictional Determination (JD) ,
Land-Use Permits ,
Manufacturers ,
MATS ,
Mining ,
Occupational Exposure ,
OSHA ,
Power Plants ,
Proposed Amendments ,
Sackett ,
SCOTUS ,
Shipbuilding ,
Silica ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
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
4/27/2016
/ Air Pollution ,
Chemical Spills ,
Clean Water Act ,
Climate Change ,
Comment Period ,
Confidential Information ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FOIA ,
Hazardous Waste ,
Obama Administration ,
OSHA ,
Penalties ,
Power Plants ,
Wastewater ,
Workplace Hazards
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed -
The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more
3/17/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
CERCLA ,
Certiorari ,
Chesapeake Bay ,
Clean Water Act ,
Comment Period ,
Damages ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Farm Bureau ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Indemnification ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
Property Owners ,
Proposed Regulation ,
Real Estate Transfers ,
SCOTUS ,
Superfund ,
Takings Clause ,
TMDL ,
TX Supreme Court ,
US Army Corps of Engineers ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC) ,
Waters of the United States ,
Watershed ,
Wetlands
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
3/17/2016
/ CERCLA ,
Comment Period ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Property Owners ,
Proposed Regulation ,
Superfund ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC)