News & Analysis as of

Sewer Systems

Overflows/Wastewater Enforcement: Tennessee Department of Environment and Conservation and Dyersburg, Tennessee Enter into Consent...

The Tennessee Department of Environment and Conservation (“TDEC”) and the City of Dyersburg, Tennessee (“City”) entered into an October 9th Consent Agreement and Assessment (“CAA”) addressing alleged violations involving...more

California Environmental Law and Policy Update - November 2017

by Allen Matkins on

Focus - White House receives recommendations that could open national marine sanctuaries to oil drilling - San Jose Mercury News - Oct 27 Six months after President Donald Trump signed an executive order aimed at...more

Los cambios propuestos en las regulaciones de adquisiciones pueden facilitar las P3

by Bilzin Sumberg on

El condado de Miami-Dade, la jurisdicción más grande del sur de la Florida, está evaluando actualmente asociaciones público-privadas (P3) para varios proyectos de infraestructura importantes. Estos incluyen mejoras...more

California Environmental Law & Policy Update - October 2017

by Allen Matkins on

Environmental and Policy Focus - Court blocks Dept. of Interior’s move to delay Obama-era methane leak rule - The Hill - Oct 4 - On Wednesday a federal court set aside an effort by the Department of the Interior...more

Proposed Changes to Procurement Regulations May Facilitate P3s

by Bilzin Sumberg on

Miami-Dade County, the largest jurisdiction in South Florida, is currently evaluating public-private partnerships (P3s) for several major infrastructure projects. These include multi-billion-dollar upgrades to the County’s...more

Best Practices for Wastewater Utilities in Light of Virginia Inverse Condemnation Decision

by McGuireWoods LLP on

The Virginia Supreme Court recently expanded the potential liability of Virginia localities and public authorities for backups and overflows from sewage collection and treatment systems. The court allowed insurers who paid...more

EPA Delays Compliance with Massachusetts MS4 Permit

On July 13, 2017, EPA extended the compliance deadline for its General Permit for Small Municipal Separate Storm Sewer Systems for one year, until July 1, 2018. The move almost certainly prompted a collective sigh of relief...more

Which Onlot System Can You Use For Planning Your New Development Project?

by Fox Rothschild LLP on

If you are planning a new development project in Pennsylvania and cannot connect it to public sewer, navigating the Pennsylvania Department of Environmental Protection’s (the “Department”) requirements for the use of an onlot...more

A strict enforcement of time bar provisions

by White & Case LLP on

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

EPA Adopts the Dental Amalgam Rules

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another rule aimed at small business, the EPA has just issued a rule for Effluent Limitations Guidelines and Standards for the Dental Category. The rule will add more federal compliance costs to already...more

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

by Nexsen Pruet, PLLC on

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

In Alabama, Sewage is NOT a Pollutant Falling Within the Pollution Exclusion in a Commercial General Liability Policy

by Butler Snow LLP on

Pollution exclusion clauses are an insurance industry staple and are often contained in commercial general liability insurance policies. While one might think that raw sewage would be considered a pollutant, under current...more

Real Estate News in Metro DC

by Ballard Spahr LLP on

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C....more

Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

Court of Appeals Upholds Maryland's Flexible Approach To Stormwater Permitting - Ruling Paves the Way for Counties to Seek...

by Holland & Knight LLP on

The Maryland Court of Appeals has issued an important decision broadly upholding county stormwater permits issued by the Maryland Department of the Environment (MDE). The court's unanimous decision, authored by Judge Sally...more

Environmental Group News: MS4 General Permit (Small Municipal Stormwater Systems) Reissued

by Murtha Cullina on

The General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 general permit), which protects waters of the state from urban stormwater runoff through municipal separate stormwater...more

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

by Jackson Walker on

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

EPA'S Hazardous Waste Pharmaceuticals Rules May Impose Significant Burdens on Health Care Facilities - Comment Period Runs Until...

by Pepper Hamilton LLP on

The Environmental Protection Agency (EPA) has promulgated its proposed regulation of “hazardous waste pharmaceuticals,” i.e., pharmaceutical residues discarded from health care facilities which also meet EPA’s long-standing...more

Fitch Ratings Updates Criteria for Water and Sewer Bonds

by Butler Snow LLP on

On September 3, 2015, Fitch Ratings updated its sector-specific rating criteria for water and sewer bonds. The new report replaces Fitch’s existing rating criteria published July 31, 2013, but Fitch does not anticipate...more

Planning for the Future and Knowing the Past

by Womble Bond Dickinson on

Planning is words on a page and lines on a map. It is not reality, but a projection of the future. And the future is uncertain – just ask those who predict when the Federal Reserve will raise interest rates. ...more

Drought: Problems Arise When Water Supply Goes Down

by Best Best & Krieger LLP on

We’ve all heard the good news by now: Californians have slashed water usage by 31 percent — way beyond Gov. Jerry Brown’s order for a 25 percent reduction....more

Pennsylvania Commonwealth Court Explains and Applies Active Interference Exception to No Damage for Delay Clause

by Pepper Hamilton LLP on

John Spearly Constr., Inc. v. Penns Valley Area Sch. Dist., 2015 Pa. Commw. LEXIS 337 (Pa. Commw. Ct. July 24, 2015) - This action arose out of the construction of a biomass boiler system for the Penns Valley Area School...more

Six Things the Private Sector Should Know About EPA's Final Vapor Intrusion Guidance

by Pepper Hamilton LLP on

The cumulative impact of the EPA guidance is to require the generation of more data, which means more sampling and analysis, more frequent and stringent remediation, and potentially higher remediation costs. At long...more

Respect the Remedy of Rescission in Real Estate Disputes

Claims seeking damages for broken real estate deals may be more common, but the remedy of rescission often provides the most bang for the buck. In a claim for damages due to breach of contract, the plaintiff affirms...more

La propuesta de presupuesto del condado de Miami-Dade confirma el compromiso con las P3

by Bilzin Sumberg on

La semana pasada, el alcalde del condado de Miami-Dade, Carlos Giménez, presentó la propuesta de presupuesto para el año fiscal 2015-16 y el plan de inversión de capital multianual. Un repaso de las partidas del presupuesto...more

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