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Construction Environmental

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Ohio EPA releases draft NPDES construction storm water general permit

by Bricker & Eckler LLP on

On February 9, 2018, the Ohio EPA issued a public notice of its fifth-generation draft general NPDES permit for the statewide regulation of storm water associated with construction activities (Permit No. OHC000005). ...more

An Examination of Federal Permitting Processes: U.S. House Committee on Oversight and Government Reform/Subcommittee on the...

The United States House Committee on Oversight and Government Reform (“Committee”) held a hearing on March 15th titled: An Examination of Federal Permitting Processes ...more

Client Alert: U.S. EPA Issues Policy Intended to Ease Pre-Construction Permitting Requirements for New and Modified Industrial and...

In what is now clear to be a series of policy changes to ease air permitting requirements for industrial and manufacturing facilities, U.S. EPA has issued its second memorandum entitled “Project Emissions Accounting under the...more

Dewatering During Construction and Post-Construction—Regulatory Paradigms and Options

Major construction projects, especially new office, residential and mixed-use buildings, often require dewatering to remove intercepted groundwater from subterranean areas. Intercepted water flows may continue even after...more

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Aptos Residents Association vs. County of Santa Cruz: More CEQA Certainty for Vital Wireless Telecommunications Networks

by Newmeyer & Dillion LLP on

On February 5, 2018, the Sixth Appellate District of the California Court of Appeal issued its decision in a case called Aptos Residents Association v. County of Santa Cruz (2018 WL 1069730). The case affirms that wireless...more

Massachusetts Achieves Milestone with over 2,000 Megawatts of Installed Solar Capacity

On February 7, the Baker-Polito Administration announced that Massachusetts has installed more than 2,000 megawatts (MW) of solar electricity through 78,646 projects across the state. The achievement represents the...more

Reminder: New Texas Stormwater Construction General Permit Now In Effect

by Husch Blackwell LLP on

As a reminder, the State of Texas’s new stormwater construction general permit is now in effect. The Texas Commission on Environmental Quality’s (TCEQ) has renewed its General Permit to Discharge under the Texas Pollutant...more

Investor Incentives in Focus as Cameroon Launches Oil and Gas Bidding

by Jones Day on

The Situation: Cameroon has announced a bidding process pertaining to licensing rights for oil and gas blocks located in the Rio del Rey and Douala/Kribi-Campo Basins. The Development: The oil and gas rights include a...more

Administration Gives Northern Pass a Second Chance for Energy Procurement

After releasing a request for proposals in March 2017 seeking long-term contracts for clean energy projects, on January 25 the Baker-Polito administration selected the Northern Pass Hydro (Northern Pass) project to move...more

Framework for Regulatory Reviews: First-Order Conditions for Success

by Bennett Jones LLP on

Balanced Messaging with the Introduction of New Legislation - With the recent tabling of proposed legislation to reform the environmental and regulatory system for major projects, the federal government stated the...more

Action Required: Deadline Approaches for Installation of Water-Conserving Plumbing Fixtures in Commercial and Multifamily...

by Allen Matkins on

Owners and operators of commercial and multifamily properties in California built and available for use or occupancy on or prior to January 1, 1994, should be aware that the deadline for compliance with California Civil Code...more

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

by Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

White House Releases Final Proposal to Streamline Infrastructure Permitting

by Perkins Coie on

On February 12, 2018, the White House released a set of proposals to streamline the federal environmental review process for infrastructure projects. The 55-page “Legislative Outline for Rebuilding Infrastructure in America”...more

Sustainable Development Update - February 2018 #2

by Allen Matkins on

Sustainable Development Focus - More companies prefer green bonds, carbon taxes - GreenBiz - Feb 7 Companies that are serious about reaching aggressive emission-reduction targets are increasingly turning to green bonds,...more

California Issues Initial Implementation Guidance on 2017 Housing Laws - HCD Identifies Jurisdictions Where Local Governments Must...

by Holland & Knight LLP on

• One of the most notable laws in California's package of housing laws passed by the State Legislature and signed by Gov. Jerry Brown in 2017 is SB 35, which requires most local governments to issue housing developers...more

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

by Williams Mullen on

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

Early Morning Budget Deal Brings the Return of Previously Expired Short-Term Tax Breaks

by Foley & Lardner LLP on

Early this morning, the House and Senate voted to pass a budget deal that included $17 billion in tax provisions, ending a short overnight government shutdown. The bill (H.R. 1892) extends the investment tax credit (ITC) to...more

The President Is Pushing Infrastructure, But Not So Much Through the Corps’ Civil Works Program

by Downey Brand LLP on

Today the Administration released its FY19 budget proposal. As you likely know, the budget proposal signifies the starting point for the annual appropriations cycle which will play out in Congress over the course of the...more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Trump Administration Seeks to Scale Back Environmental Requirements for Infrastructure Projects

by White & Case LLP on

The Trump Administration is proposing to revise federal environmental requirements and procedures in order to streamline the permitting and approval processes for infrastructure projects....more

City's General Plan Land Use Policy Survives CEQA Challenge Based on Potential Urban Decay

by Holland & Knight LLP on

• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

by Downey Brand LLP on

On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

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