News & Analysis as of

Environmental Protection Agency (EPA) Construction Project

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

404/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Utah County, Utah Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Utah County, Utah entered into an April 23rd Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA-08-2025-0008....more

Beveridge & Diamond PC

One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

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Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more

Brownstein Hyatt Farber Schreck

California’s ‘New’ Construction Stormwater General Permit—Time To Engage?

On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more

Allen Matkins

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

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Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

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

Water Drainage/Nuisance: Pro se Plaintiff Files United States District Court Action Against Construction Company and National...

Pro se Plaintiff Cornelius Brooks (“Brooks”) filed a June 10th Complaint in the United States District Court for the Eastern District of Arkansas against Dolgen Corp., LLC, d/b/a Dollar General (“Dollar General”), and Rozier...more

Beveridge & Diamond PC

EPA’s Proposed NSR Rule for Project Emissions Accounting Will Mean Permitting Delays for Projects and Expansions

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Key Takeaways - What Happened? On May 3, 2024, the U.S. Environmental Protection Agency (EPA) published its proposal to revise the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program...more

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

Stormwater Construction Enforcement/Solar Energy Facility: U.S. Environmental Protection Agency and Massachusetts Solar Company...

The United States Environmental Protection Agency (“EPA”) issued a May 21st news release stating it had entered into a settlement with Navisun, LLC (“Navisun”). Navisun is described as a solar energy company based in...more

Vinson & Elkins LLP

Questions Remain After EPA and the Army Corps Update the “Waters of the United States” Definition Following Sackett v. EPA

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On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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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

King & Spalding

Environmental Justice and Civil Rights in U.S. Construction Projects

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Since taking office two years ago, the Biden Administration has emphasized efforts to incorporate environmental justice considerations into federal agency permitting, funding and financial support decision-making....more

J.S. Held

Lead-Based Paint Regulations & How They Impact Your Project - Second Edition

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Projects that involve damage or disturbance of painted or coated surfaces, as well as development or improvements of existing structures, may involve some level of lead impact regardless of the type, age, or location of the...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 2, January 2023

EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing - The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more

Vinson & Elkins LLP

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

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The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...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

Allen Matkins

California Environmental Law & Policy Update - September 2022 #4

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EPA's new environmental justice office will oversee $3 billion in grants to polluted communities Bullet CNBC – September 26 The U.S. Environmental Protection Agency (EPA) on September 24 launched the Office of Environmental...more

Williams Mullen

EPA Aggregation Guidance is Easily Forgotten and Easily Enforced

Williams Mullen on

Four years ago, EPA published its “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Aggregation; Reconsideration” (New Source Review (NSR) Aggregation Action). 83 Fed. Reg. 57324...more

Allen Matkins

California Environmental Law & Policy Update - April 2022

Allen Matkins on

California plan would pay farmers to grow less to save water - Bullet Associated Press - March 29 - Under a new $2.9 billion plan announced on Tuesday, California would pay farmers not to plant thousands of acres of land in...more

Rivkin Radler LLP

Insurance Update - January 2022

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Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

Morgan Lewis - Up & Atom

EPA Reverses Course on Using Radioactive Byproduct in Road Construction

The US Environmental Protection Agency (EPA) reversed a Trump administration decision involving use of nuclear materials. On June 30, the EPA announced that it was “withdrawing, revoking and rescinding” its conditional...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

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

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

MS4/NPDES Permit: City of Little Rock and Arkansas Department of Energy and Environment - Division of Environmental Quality Enter...

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

Jackson Lewis P.C.

OSHA Issues Guidance On Prevention Of COVID-19 Cases At Construction Sites

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The Occupational Safety and Health Administration (OSHA) has issued guidance for construction industry employers to prevent spread of COVID-19. In addition to measures the agency suggests for all employers, the guidance...more

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

New Source Review/U.S. Environmental Protection Agency Draft Guidance Addressing "Begin Actual Construction": National Association...

The National Association of Clean Air Agencies (“NACAA”) submitted May 11th comments on draft March 25th guidance memorandum distributed by the United States Environmental Protection Agency (“EPA”). The draft guidance...more

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