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Environmental Notes - July 2023

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

DEQ's 2022 Flood of Stormwater-Related Guidance for VA - Part I

​​​​​​​The Virginia Department of Environmental Quality (DEQ) is poised to unleash in 2022 a flood of new stormwater-related regulatory actions and related procedural and technical guidance for development projects and...more

Virginia DEQ Issues More Stringent Stormwater Management Policy for Solar Projects

On March 29, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum implementing a new and much more stringent post-development stormwater management policy for...more

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

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

Environmental Notes - February 2020

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

Virginia’s Renewed General Industrial Stormwater Discharge Permit Includes a Mix of Tougher and More Flexible Standards

In the ever-increasing effort to control nutrient (phosphorous and nitrogen) loads into the Chesapeake Bay watershed, Virginia and other Bay states are looking for additional means to ratchet down nutrient-laden stormwater...more

Virginia’s Draft Chesapeake Bay TMDL Phase III Watershed Implementation Plan: Endgame, or Just Another Episode in a Long Series?

In early April 2019, Virginia released its draft Phase III Watershed Implementation Plan (“Draft Plan”) to achieve compliance with EPA’s 2010 Chesapeake Bay Total Maximum Daily Load Rule (“Bay TMDL”).  The Bay TMDL sets...more

Round Two for Virginia’s Proposed Nonpoint Source Nutrient Credit Certification Regulation

The Virginia State Water Control Board (“Board”) recently approved a revised proposed regulation for the certification of non-point source nutrient credits (“NSN Credits”). The regulation now moves to the Governor’s office...more

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information...more

Can Discharges to Groundwater Trigger Clean Water Act Liability

It’s a bad day when you find out that your facility has been leaking wastewater, wastes, petroleum product or chemicals. But if the leak went into the soil and the groundwater first, rather than a nearby creek, are you liable...more

Environmental Notes - April 2016

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

Environmental Notes - May 2015

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act...more

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