We are pleased to introduce the inaugural issue of the Real Estate Round Up, a monthly update on current trends, with the first month focusing on Environment and Energy insights. This month’s edition features key topics such...more
Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more
The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more
MS4 Operators are required to develop stormwater management programs aimed at reducing the discharge of pollutants affecting water quality under the final SPDES General Permit issued by the New York State Department of...more
With recent changes to stormwater permitting in Virginia, the legal and practical implications of those changes need to be examined. Alex Turner, a member of the Virginia Bar and Spilman Thomas & Battle, PLLC’s Construction...more
North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more
PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more
On December 5, 2022, the U.S. EPA issued a memorandum entitled, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs. The memorandum “provides EPA’s guidance to states and...more
The US Environmental Protection Agency (EPA) announced on September 14 that it will require new permit coverage for previously unregulated stormwater discharges in Massachusetts. Specifically, EPA intends to issue general...more
The United States Environmental Protection Agency (“EPA”) published a January 24th Federal Register notice for its 2022 Clean Water Act National Pollution Discharge Elimination System (“NPDES”) general permit for stormwater...more
The Conservation Law Foundation (“CLF”) submitted a December 9th Petition to the Connecticut Department of Energy and Environmental Protection (“CDEEP”) styled: Re: Petition for a Determination that Certain Commercial,...more
A Colorado-based NGO has dropped its 9th Circuit lawsuit challenging EPA's Multi-Sector General Permit for stormwater discharges associated with industrial facilities. On one hand, this is a victory for EPA which...more
The United States Environmental Protection Agency (“EPA”) and Concrete Pipe and Precast, LLC (“CPP”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations under Clean Water Act stormwater...more
This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) issued the 2021 Multi-Sector General Permit (“MSGP”) for industrial stormwater discharges on January 15, 2021. The 2021 MSGP became effective on March 1, 2021...more
The U.S. Environmental Protection Agency (EPA) published its National Pollutant Discharge Elimination System (NPDES) 2021 Issuance of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial...more
The United States Environmental Protection Agency (“EPA”) issued a pre-publication Federal Register Notice for its 2021 Clean Water Act National Pollution Discharge Elimination System Multi-Sector General Permit for...more
The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more
With little fanfare and no significant changes from the draft published April 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized modifications to the Clean Water Act (CWA) National Pollutant Discharge...more
On November 22, 2020, the U.S. Environmental Protection Agency (EPA) issued an Interim Strategy for Per-and Polyfluoroalkyl Substances in Federally Issued National Pollutant Discharge Elimination System (NPDES) Permits,...more
As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed...more
By letter dated June 1, 2020, Director of Watershed Management for the Massachusetts Department of Environmental Protection (MassDEP) Lealdon Langley filed comments at www.regulations.gov for Docket ID: EPA-HQ-OW-2019-0372...more
As the construction industry prepares to reopen, contractors are making detailed plans to comply with state and municipal safety requirements related to the coronavirus (COVID-19) pandemic. Among the plans that needs careful...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an April 22nd Order a Petition filed by Los Alamos County, New Mexico (“Los Alamos”). See NPDES Appeal No. 20-02. ...more