News & Analysis as of

Property Owners Storm Water

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

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

Holland & Knight LLP

DOEE Proposes New Stormwater Regulations, Finalizes Revisions to Flood Hazard Rules

Holland & Knight LLP on

The D.C. Department of Energy and Environment (DOEE) issued a second proposed rulemaking (Proposed Rule) on May 30, 2025, to amend the District's Stormwater Management and Soil Erosion and Sediment Rules (Stormwater Rules)...more

Smith Anderson

N.C. Court Confirms Stormwater Runoff Across Property Lines Can Amount to Trespass

Smith Anderson on

The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Ridgeland Property Owner Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and CPJ, LLC (“CPJ”) entered into a March 24th Agreed Order (“AO”) addressing alleged violations of a stormwater permit. See Order No. 7468 25....more

Farrell Fritz, P.C.

Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement

Farrell Fritz, P.C. on

Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in 1961. The easement, dated September 6, 1961, allowed the Village to “construct and maintain one underground...more

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

Stormwater Utility Ordinance: U.S. District Court Addresses Whether Assessment Violates Railroad Revitalization and Regulatory...

A United States District Court (Western District Virginia)in a December 26th Memorandum Opinion (“Opinion”) addressed a challenge to a stormwater utility ordinance assessment. See Norfolk Southern Railway Company v. City of...more

Greenberg Glusker LLP

In the Heart of the Rainy Season: The New (Stayed) Clean Water Rule Covers Vernal Pools in California

Greenberg Glusker LLP on

After years of drought, the El Niño storms have been bringing much-needed rain and snow to California–albeit in quantities significantly less than we hoped for thus far. In addition to the anticipated snow packs, flowing...more

Arnall Golden Gregory LLP

Georgia Court Confirms Measurement of Damages from Construction Stormwater Runoff onto Adjacent Property

The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more

Pierce Atwood LLP

2015 Summary of Key Maine Environmental Legislation

Pierce Atwood LLP on

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Pillsbury Winthrop Shaw Pittman LLP

Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property owners in nine counties and one city face the imposition of a Stormwater...more

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