News & Analysis as of

Department of Environmental Protection Real Estate Development

Holland & Knight LLP

Florida Law Increases Permit Extensions, Makes Changes Regarding Natural Emergencies

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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...more

Holland & Knight LLP

Maryland's Montgomery County Adopts New Building Energy Performance Standards

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Montgomery County, Maryland, signed Bill 16-21 into law on May 2, 2022, as an amendment to the County's Building Energy Use Benchmarking Law (Benchmarking Law), Article 6 of Chapter 18A of the Montgomery County Code. Bill...more

Pierce Atwood LLP

First Circuit Compressor Station Decision Vacates DEP Air Permit, Addresses Environmental Justice and Noise Issues

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On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Greenbaum, Rowe, Smith & Davis LLP

Beware of Dirty Dirt: New Jersey Enacts Stringent Licensing Requirements for Soil and Recycle Fill Providers; Providers of Soil...

Nearly a decade has passed since the New Jersey State Commission of Investigation (SCI) first reported on soil and fill providers circumventing New Jersey state laws restricting the use of recycled soil and fill materials. ...more

Ballard Spahr LLP

PADEP Updates Chapter 102 Earth Disturbance Permitting Guidance

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The Pennsylvania Department of Environmental Protection (PADEP) has updated guidance for holders of certain environmental permits, further impacting the ability of non-essential construction projects to proceed....more

Pierce Atwood LLP

Maine PFAS Tracker - Maine Standards and Proposed Actions (UPDATED)

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Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more

Farrell Fritz, P.C.

Proposed EDNY Consent Decree Mandates Upgrades to Hillview Reservoir in Yonkers Over the Next Thirty Years

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The Eastern District of New York filed a Safe Drinking Water Act complaint this week against the City of New York and the NYC Department of Environmental Protection, seeking to require the City to cover the Hillview Reservoir...more

Pierce Atwood LLP

Maine’s “Wicked Good” Voluntary Cleanup Program

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Maine’s Voluntary Response Action Program (VRAP) was enacted in 1993 to encourage the cleanup and redevelopment of Maine’s contaminated properties....more

Fox Rothschild LLP

SCOTUS Will Not Hear FL Eminent Domain Case

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The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit...more

Fox Rothschild LLP

A/B Septic Systems Are Back In Play For Planning Module Approval For New Projects

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Governor Tom Wolf signed into law, on July 20, 2017, Act 26, which amended the Pennsylvania Sewage Facilities Act concerning the use of alternate sewage systems for purposes of obtaining planning module approval from DEP for...more

Lowndes

Dark Clouds Have Silver Lining for Permit Holders

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If there's any good news in a hurricane or tropical storm, this is it: an officially declared state of emergency that allows permit-holders to extend their permits, as well as certain other government authorizations. Not only...more

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