Contractor Private Liability for Stormwater and E&SC Failures
Most contractors are aware that the failure to properly install and maintain stormwater discharge and erosion and sediment control (E&SC) measures at their construction sites can lead to severe penalties from local, state, and federal authorities. Violations of...
Illinois Passes $45 Billion Capital Plan Including Money for Green Infrastructure
Illinois Governor J.B. Pritzker recently signed into law a $45 billion capital infrastructure plan dubbed “Rebuild Illinois”. This plan allocates $33.2 billion for transportation, including $11 billion for the Illinois Department of Transportation’s multi-year plan...
Eighth Circuit Reaffirms That There Is No Right Of Action Under NEPA Prior To Final Agency Action
Contractors that often do work for the federal government are likely familiar with the National Environmental Policy Act (“NEPA”). NEPA requires federal agencies to prepare an Environmental Impact Statement (“EIS”) for all “major Federal actions significantly...
When a “Continuing Violation” Isn’t
Lawyers who work in the environmental field are accustomed to statutes and regulations providing that each day a violation is present constitutes a separate offense. These provisions often lead to rapidly accumulating penalties that can overwhelm smaller contractors...