New rules issued by MassDEP offer Cape Codders a choice for controlling nitrogen pollution. The problem is well-understood. When too much discharged nitrogen reaches coastal waters, excess plant and algae growth replaces...more
The Massachusetts Department of Environmental Protection (DEP) has promulgated new regulations intended to reduce nitrogen loading from septic systems in sensitive coastal estuaries and embayments in the Commonwealth, with an...more
On June 21, the Massachusetts Department of Environmental Protection (MassDEP) issued final regulations addressing nitrogen pollution caused by septic systems on Cape Cod. The regulations will require landowners in “Nitrogen...more
Kudos to David Abel of the Boston Globe for a thorough and balanced report on the dire state of the coastal waters of Cape Cod and what might be done to improve it. The problem is that too much of the Cape uses septic...more
Earlier this year, Miami-Dade County Mayor Daniella Levine Cava launched Connect 2 Protect, a multi-year initiative which aims to convert over 100,000 properties from septic systems to the County’s sewer system. This roughly...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MICHIGAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...more
If you have wondered if confusion over the jurisdictional reach of the Clean Water Act may drive one to drink, read the transcript in County of Maui v. Hawaii Wildlife Fund, SCOTUS No 18-260, argued on November 6, 2019. ...more
On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more
QUICK TIPS FOR CONVEYANCE OF REAL PROPERTY IN MICHIGAN - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...more
The Arkansas Department of Environmental Quality (“ADEQ”) and Bergman Public Schools (“Bergman”) entered into a January 19th Consent Administrative Order (“CAO”) to address alleged violations of Arkansas Pollution Control and...more
As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems”, similar...more
The District Court for the Western District of Virginia denied Culpeper County, Virginia’s motion to dismiss a lawsuit brought by the U.S. Justice Department (“DOJ”). The DOJ filed suit after the County denied a permanent...more
The Town Board of the Town East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major...more
On February 2, 2017, the Los Angeles Regional Water Quality Control Board (the Regional Board) approved a Revised Memorandum of Understanding (the 2017 MOU) between the City of Malibu (the City), the Regional Board, and the...more
Earlier this month, the U.S. Justice Department (“DOJ”) filed suit in District Court for the Western District of Virginia against the Culpeper County Virginia Board of Supervisors alleging it acted in a discriminatory manor...more
A property owner states a valid claim for inverse condemnation where the owner alleges that its property was taken by the government's failure to act in the face of an affirmative duty to act, the Maryland Court of Appeals...more
I'll give you a hint, this is a bit of a trick question. Give up? Okay. Whenever you name a State agency, of course. In Lavine v. State of California (pdf), a property owner filed a lawsuit after the Regional Water...more
On March 20, 2013, the New Hampshire Supreme Court issued a decision in State v. Guay, holding that the defendant’s unlawful operation of a solid waste facility or septic system can result not just in civil fines, but also in...more