News & Analysis as of

Environmental Protection Agency (EPA) Real Estate Development

Allen Matkins

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

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Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

Cozen O'Connor

Cozen Cities - July 31, 2024

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CHICAGO — U.S. Steel South Works Site Wins Massive Quantum Project -Illinois is investing in quantum computing on the Far South Side of Chicago at the former U.S. Steel South Works plant on Lake Michigan. The goal is to...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate...

In our latest roundup, the evolution of stadium construction, an increase in legal and legislative action affecting the multifamily sector, and growing concerns for owners of office space....more

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Brownstein Hyatt Farber Schreck

Buying Property? Make Sure Your Phase I ESA Is Worth the Paper It’s Printed On

Imagine it’s August 2024 and you just got the dreaded news from a colleague that a government agency suspects that there are hazardous substances on a new property your company just bought. Even worse, your colleague just...more

Bilzin Sumberg

New EPA Rule on Clean Water Act

Bilzin Sumberg on

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

Rivkin Radler LLP

New Residential Developments Depend on Water Conservation Strategies

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While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas....more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Akerman LLP

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

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Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

BCLP

Marsh Madness: SCOTUS Narrows Wetlands Subject to Clean Water Act in Favor of Regulated Industry and Real Estate Developers

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On May 25, 2023, the United States Supreme Court issued its long-awaited opinion in Sackett v. U.S. Environmental Protection Agency, diving back into a decades-long debate over the definition of “waters of the United States”...more

Lowndes

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

Lowndes on

After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

Quarles & Brady LLP

U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling

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In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as...more

Mintz

Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not In California

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The Supreme Court ends protection for most wetlands in the United States... In a sweeping decision, the Supreme Court last week eliminated federal protection for more than half the wetlands in the United States. (Sackett...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: V 7, Issue 5, May 2023

An Uncertain Future for Nuclear Generation - As countries and companies around the world set goals for renewable energy targets, there is constant uncertainty as to the best path for reaching these goals. While wind and...more

Burns & Levinson LLP

The Cape and Beyond: Alternative Project Procurements for Massachusetts Communities

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Those of us who had the good fortune to vacation on Cape Cod as children in the 1960s or 1970s remember a fabulous vacation escape with miles of pristine beaches, cozy cottages, souvenirs, and wonderful food. Many who...more

Obermayer Rebmann Maxwell & Hippel LLP

Water, Water, Everywhere? EPA and USACE Issue New, Broader Clean Water Act Rule

During the past two years, the half-century-old Clean Water Act (“CWA”) has become a hot topic, with controversies over its interpretation coming to a boil throughout the end of last year into the beginning of this one. If a...more

J.S. Held

Lead-Based Paint Regulations & How They Impact Your Project - Second Edition

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Projects that involve damage or disturbance of painted or coated surfaces, as well as development or improvements of existing structures, may involve some level of lead impact regardless of the type, age, or location of the...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

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The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Environmental General Counsel PC

California Draft Vapor Intrusion Guidance Now Final

On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

BCLP

Welcoming the New Year with EPA Revisions to the All Appropriate Inquiry Regulations

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On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more

Roetzel & Andress

EPA Approves New Standard For Phase I Environmental Site Assessments

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On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments. Real estate developers, lenders and investors, and all purchasers of commercial property...more

Greenberg Glusker LLP

[Webinar] Key CA Environmental Regulatory Developments that May Impact Your Real Estate Assets or Investment Opportunities -...

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This presentation will focus on revised vapor intrusion guidelines and the proposed listing USEPA of PFAS (forever chemicals) as a CERCLA hazardous substance....more

WilmerHale

EPA’s New Office and Environmental Justice Guidance: Implications for Project Permitting and Beyond

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Recent actions by the US Environmental Protection Agency (EPA) aim to institutionalize environmental justice as a key agency function and support development of tools, guidance and policies to advance it. A newly formed...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court - Michael Sackett, et ux., v. Environmental Protection Agency The...more

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