Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
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
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
The Alabama Department of Environmental Management (“ADEM”) and Hans, LLC (“Hans”) entered into a June 3rd Consent Order (“CO”) addressing alleged violations of a Stormwater General Permit (“Permit”)....more
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
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
While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas....more
The Pinnacle Mountain Community Coalition and a number of Pulaski County residents (collectively, “Coalition”) filed a Complaint in Pulaski County, Arkansas, Circuit Court on September 26th against a developer (Rick...more
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
On December 7, 2019, the Pennsylvania Department of Environmental Protection (PADEP) reissued the general permit for stormwater associated with construction activities (PAG-02). ...more
What California Cities Need to Know to Comply with SB 205 - California cities that issue business licenses will be required to determine whether any of the primary Standard Industrial Classification Codes applicable to...more
The Tennessee Court of Appeals (“Court”) addressed in a April 4th Opinion a question involving stormwater issue regulations that utilize water quality buffers. See Precision Homes, INC. v. The Metropolitan Government of...more
Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...more
Whether it’s for condos, office buildings or industrial properties, raw land is becoming more and more scarce in Miami. That means land remediation is becoming a bigger issue. It also means developers have to face new...more
In South Florida, commercial real estate developers are increasingly planning projects with sea level rise in mind. Mitigating the current and future effects of rising seas is fast becoming a priority. But it's important that...more