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
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
7/16/2020
/ CARES Act ,
CERCLA ,
Clean Water Act ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Financial Stimulus ,
Infrastructure ,
Investment ,
NESHAP ,
Public Projects ,
Regulatory Reform ,
Relief Measures ,
Trump Administration
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
7/15/2020
/ Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Executive Orders ,
Infrastructure ,
NEPA ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Reform ,
Secretary of Defense ,
Trump Administration ,
US Army Corps of Engineers
The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more
1/14/2020
/ Administrative Procedure Act ,
Clean Water Act ,
Clean Water Rule ,
Commerce Clause ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Rapanos v US ,
Regulatory Violations ,
Substantial Nexus ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
1/13/2020
/ Administrative Procedure ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Environmental Quality ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Gas Prices ,
Obama Administration ,
PFAS ,
Renewable Energy ,
Risk Management ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration ,
US Army Corps of Engineers ,
Waste Treatment Facilities ,
Wastewater ,
Waters of the United States
The saga of the federal Clean Water Act’s definition of “waters of the United States” (“WOTUS”) has taken more turns recently, including a significant setback for the Trump Administration’s efforts to transition away from the...more
10/2/2018
/ Administrative Procedure Act ,
Barack Obama ,
Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Property Owners ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
5/17/2017
/ Agricultural Sector ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Groundwater ,
Hazardous Waste ,
NRDC ,
Presidential Memorandum ,
Trump Administration ,
Two For One Rule
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
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