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Environmental Policies Real Estate Development Environmental Protection Agency (EPA)

Allen Matkins

California Environmental Law & Policy Update 7.18.25

Allen Matkins on

The California Air Resources Board (CARB), the agency tasked with enforcing the state’s climate disclosure rules, published guidance this Wednesday on how companies can comply with Senate Bills 253 and 261 (which govern...more

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

Maximizing Opportunities for Redeveloping Brownfield Sites/Assessing the Potential for New American Innovation: U.S. House of...

The Subcommittee on Environment of the United States House of Representatives Committee on Energy & Commerce held a March 11th hearing entitled: Maximizing Opportunities for Redeveloping Brownfields Sites: Assessing the...more

Snell & Wilmer

Supreme Court Decision Casts Doubt on Common Stormwater and Wastewater Permit Terms

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In a decision of the U.S. Supreme Court under the federal Clean Water Act, the Court threw out two requirements in the City of San Francisco’s wastewater discharge permit. The same or similar requirements are probably in your...more

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

Brownfields Reauthorization Act of 2025: U.S. Senate Environment and Public Works Committee Passes Bill

Brownfields Reauthorization Act of 2025: U.S. Senate Environment and Public Works Committee Passes Bill - The United States Senate Environment and Public Works Committee (“Committee”) unanimously passed the Brownfields...more

Burr & Forman

New Federal Brownfields Legislation to Boost Economic Revitalization

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Senators Shelley Moore Capito (R-W.Va., Chair of the Senate Committee on Environment and Public Works, and Lisa Blunt Rochester (D-Del.) have reintroduced S. 347 as The Brownfields Reauthorization Act of 2025. According to an...more

Pullman & Comley, LLC

Forever Chemicals Present Significant Challenges for Commercial Real Estate

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In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more attention on the management...more

Bilzin Sumberg

New EPA Rule on Clean Water Act

Bilzin Sumberg on

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

Goulston & Storrs PC on

The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Akerman LLP

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

Akerman LLP on

Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

Lowndes

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

Lowndes on

After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

Quarles & Brady LLP

U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling

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In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as...more

Mintz

Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not In California

Mintz on

The Supreme Court ends protection for most wetlands in the United States... In a sweeping decision, the Supreme Court last week eliminated federal protection for more than half the wetlands in the United States. (Sackett...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Farrell Fritz, P.C. on

The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Environmental General Counsel PC

California Draft Vapor Intrusion Guidance Now Final

On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court - Michael Sackett, et ux., v. Environmental Protection Agency The...more

Brooks Pierce

Risk and Reward: Environmental Issues in Real Estate Development

Brooks Pierce on

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Jones Day

The Climate Report | First Quarter 2022

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The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more

Womble Bond Dickinson

Supreme Court Takes Up Clean Water Act Case, May Settle ‘WOTUS’ Definition

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On January 24th, the U.S. Supreme Court granted Certiorari in Sackett, Michael, et ux. v. EPA, et al. on the limited question of “[w]hether the Ninth Circuit set forth the proper test for determining whether wetlands are...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Environmental General Counsel PC

California Vapor Intrusion Guidance Promises More Consistency

In February, the California Department of Toxic Substances Control, or DTSC, the State Water Resources Control Board, or SWRCB, and the San Francisco Bay Regional Water Quality Control Board released a much-anticipated draft...more

Pierce Atwood LLP

Maine PFAS Tracker - Maine Standards and Proposed Actions (UPDATED)

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Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more

Farrell Fritz, P.C.

Proposed EDNY Consent Decree Mandates Upgrades to Hillview Reservoir in Yonkers Over the Next Thirty Years

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The Eastern District of New York filed a Safe Drinking Water Act complaint this week against the City of New York and the NYC Department of Environmental Protection, seeking to require the City to cover the Hillview Reservoir...more

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