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Environmental Policies Real Estate Development Wetlands

Pierce Atwood LLP

Streamlining Environmental Permitting: MassReadyAct's Proposed Impact on Massachusetts Development

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On June 24, 2025, Massachusetts Governor Maura Healey introduced a bill titled, "An Act to Build Resilience for Massachusetts Communities" (MassReadyAct), proposing nearly $3 billion in bond authorizations for financing...more

Allen Matkins

2025 Land Use, Environmental & Natural Resources Update

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California stands at a pivotal juncture in 2025, confronting an array of environmental and housing challenges. As usual, the California State Legislature is considering numerous strategies to address these issues. This year’s...more

Ward and Smith, P.A.

Navigating Wetlands in Coastal North Carolina Real Estate Development

Ward and Smith, P.A. on

The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the...more

Schwabe, Williamson & Wyatt PC

OP-ED: Wading Through Changes: Floodplain Development in Oregon

As we enter what we hope will be a bountiful new year, 2025 may prove to be the annus horribilis for floodplain development in Oregon. Due to recent litigation concerning FEMA’s National Flood Insurance Program (NFIP), as of...more

Cole Schotz

Blogs | Environmental Coming This Summer! NJDEP’s New Climate Regulations Will Affect More Than The Jersey Shore

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The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more

Foster Garvey PC

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

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Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...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

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

Holland & Knight LLP

MEPA Office Issues Revised Protocols on Climate Change and Environmental Justice: Massachusetts Climate Change Adaptation...

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After reviewing and responding to initial public comments, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its revised draft Massachusetts Environmental Policy Act (MEPA) Interim...more

Farrell Fritz, P.C.

Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

Farrell Fritz, P.C. on

In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer.  The Wetlands Inspector for the...more

Allen Matkins

Sustainable Development and Land Use Update - August 2020 #3

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Sea level rise could bring flooding to inland California - Bullet Los Angeles Times – August 17 - Sea level rise is more complicated than just waves breaking over seawalls and beaches disappearing. As the ocean moves...more

Best Best & Krieger LLP

New Wetlands Protections in California Proposed - SWRCB Votes to Adopt Regulations that Could Impact Permitting Procedures

The State Water Resources Control Board voted this week to increase state protections for wetlands by adopting both a new wetlands definition and procedures for obtaining associated dredge and fill permits. The regulations...more

Holland & Knight LLP

West Coast Real Estate Update: January 2017 #2

Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

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