Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more
4/28/2023
/ Department of Environmental Quality ,
Easements ,
Endangered Species ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Permits ,
Renewable Energy ,
Solar Energy ,
Storm Water ,
Virginia ,
Webinars ,
Wetlands
On April 14, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum addressing the framework for the implementation of more stringent stormwater management...more
Conducting environmental due diligence and considering a project’s impact on the environment are essential in acquiring or permitting utility-scale solar projects in Virginia. This was underscored by the Virginia Department...more
4/11/2022
/ Department of Environmental Quality ,
Due Diligence ,
Easements ,
Endangered Species ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
Environmental Policies ,
Environmental Site Assessment ,
New Guidance ,
Policy Memorandums ,
Purchase Agreement ,
Renewable Energy ,
Representations and Warranties ,
Solar Energy ,
Storm Water ,
Utilities Sector ,
Virginia ,
Webinars
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions -
EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more
1/21/2022
/ ASTM ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Motor Vehicles ,
PFAS ,
RCRA ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more
7/23/2021
/ Air Pollution ,
Air Quality Standards ,
Biden Administration ,
Boiler MACT Rule ,
Climate Change ,
Coastal Real Estate ,
Comment Period ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Hazardous Substances ,
Permits ,
Property Owners ,
Rising Sea Levels ,
Sea Levels ,
Trump Administration ,
Wetlands
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
3/15/2021
/ Biden Administration ,
Carbon Emissions ,
Chesapeake Bay ,
Clean Water Act ,
Climate Change ,
Coastal Real Estate ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
New Guidance ,
Obama Administration ,
Regulatory Agenda ,
US Army Corps of Engineers
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
1/12/2021
/ Administrative Procedure Act ,
Air Pollution ,
Biden Administration ,
Clean Water Act ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Regulatory Agenda
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more
10/28/2020
/ Administrative Procedure Act ,
Boiler MACT Rule ,
Clean Air Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Testing ,
General Elections ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Regulatory Agenda
As reported in a number of our newsletter articles over the past several years, both the Obama Administration, through its Clean Water Rule, and the Trump Administration have pursued major changes to the scope of...more
An April 15, 2020 decision by the United States District Court for the District of Montana has held that Nationwide Permit 12 (NWP 12) issued by the U.S. Army Corps of Engineers (Corps’) is unlawful. Nationwide permits...more
4/30/2020
/ Clean Water Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
National Marine Fisheries Service ,
Navigable Waters ,
US Army Corps of Engineers ,
US Fish and Wildlife Service ,
Waters of the United States ,
Wetlands
The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more
1/14/2020
/ Administrative Procedure Act ,
Clean Water Act ,
Clean Water Rule ,
Commerce Clause ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Rapanos v US ,
Regulatory Violations ,
Substantial Nexus ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
1/13/2020
/ Administrative Procedure ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Environmental Quality ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Gas Prices ,
Obama Administration ,
PFAS ,
Renewable Energy ,
Risk Management ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration ,
US Army Corps of Engineers ,
Waste Treatment Facilities ,
Wastewater ,
Waters of the United States
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
10/3/2018
/ Adjacent Property Owners ,
Clean Air Act ,
Clean Water Act ,
Clean Water Rule ,
Coal ,
Coal Ash ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
New Guidance ,
RCRA ,
Sierra Club ,
Strategic Enforcement Plan ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more
2/14/2018
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Pollution Control ,
Regulatory Reform ,
Title V
A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more
2/14/2018
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
NPDES ,
Oil Spills ,
Rapanos v US ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more
5/17/2017
/ Agricultural Sector ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Groundwater ,
Hazardous Waste ,
NRDC ,
Presidential Memorandum ,
Trump Administration ,
Two For One Rule
President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more
EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more
4/27/2016
/ Air Pollution ,
Chemical Spills ,
Clean Water Act ,
Climate Change ,
Comment Period ,
Confidential Information ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FOIA ,
Hazardous Waste ,
Obama Administration ,
OSHA ,
Penalties ,
Power Plants ,
Wastewater ,
Workplace Hazards