News & Analysis as of

Septic Waste

Verrill

Work Together or Fend for Yourself: New Rules Aim to Reduce Nitrogen from Cape Cod’s Septic Systems and Watersheds

Verrill on

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

Robinson & Cole LLP

New Massachusetts DEP Regulations Target Cape Cod Septic Systems

Robinson & Cole LLP on

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

Nutter McClennen & Fish LLP

The Massachusetts Department of Environmental Protection Issues New Septic Regulations for Cape Cod

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

Mintz

Cape Cod's coastal waters are in desperate need of our help. Are we really going to let the perfect be the enemy of the good?

Mintz on

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

Bilzin Sumberg

Septic to Sewer: Miami-Dade County Continues to Lead Resilience Projects Aimed at Curbing Impacts of Sea-Level Rise and Improving...

Bilzin Sumberg on

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

International Lawyers Network

Buying and Selling Real Estate in Michigan (Updated)

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

(ACOEL) | American College of Environmental...

Whiskey In The Punch Bowl At SCOTUS: What’s The Point (Source)?

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

Bricker Graydon LLP

H2Ohio water quality plan unveiled

Bricker Graydon LLP on

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

International Lawyers Network

Buying and Selling Real Estate in Michigan

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Boone County, Arkansas School...

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

Farrell Fritz, P.C.

Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems)...

Farrell Fritz, P.C. on

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

Robinson+Cole RLUIPA Defense

Motion to Dismiss U.S Justice Department Suit Against County Denied

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

Farrell Fritz, P.C.

East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

Farrell Fritz, P.C. on

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

Latham & Watkins LLP

Los Angeles Regional Water Quality Control Board Approves Second Extension to Malibu Septic Prohibition Deadlines

Latham & Watkins LLP on

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

Robinson+Cole RLUIPA Defense

DOJ Claims that County’s Denial of a Sewer Permit Violates RLUIPA

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

Ballard Spahr LLP

Maryland Court of Appeals Opens Door to New Class of Inverse Condemnation Claims

Ballard Spahr LLP on

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

Nossaman LLP

When Can You Sue the State Without Naming the State?

Nossaman LLP on

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

Pierce Atwood LLP

NH Supreme Court Says Unlawful Operation Of Solid Waste Facility Or Septic System Can Result In Criminal Penalties

Pierce Atwood LLP on

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

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