EnviroConLaw Blog
EPA and Corps of Engineers Release Final Navigable Waters Protection Rule
On January 23, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers released their final regulations redefining the term “waters of the United States.” In 2019, the agencies had repealed the Obama Administration’s 2015 “Clean Water...
Lesser-Known (But Important) Exceptions in Construction Stormwater Discharge Permitting
Most contractors know generally that if their construction work will disturb one acre or more of earth, they may need to obtain coverage under the applicable construction stormwater discharge general permit (“CGP”). However, there are some instances where doesn’t...
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...
SIERRA CLUB REACTIVATES PROGRAM TO INSPECT CONSTRUCTION SITES
According to a recent news report, local Sierra Club chapters are reactivating programs that support volunteers who inspect construction sites for potential violations of environmental laws. For many years, the national Sierra Club organization has had programs to...
CONSTRUCTION INDUSTRY PREPARES FOR NEW HOUSING RULES INVOLVING SOLAR IN CALIFORNIA
In the past two months, California has seen a series of changes to its laws that may dramatically affect the construction industry in that state. On January 15, 2019, Governor Gavin Newsom announced a series of proposals to tackle housing affordability. This included...
U.S. FISH AND WILDLIFE SERVICE AGREES TO TAKE ACTION ON ENDANGERED SPECIES ACT PETITION
Recently, the U.S. Fish and Wildlife Service settled a claim filed by the Center for Biological Diversity that forces FWS to take action on issues relating to a critical habitat designation for the western yellow-billed cuckoo. In 2014, FWS listed the western distinct...
New Federal Decision Requires Clean Water Act Permits for Recyclers of Construction Waste
The U.S. Court of Appeals for the Second Circuit recently decided that contractors that process construction debris and waste for recycling may need to obtain permits under the Clean Water Act (“CWA”) for their stormwater runoff. As the Second Circuit ruled, “not...
US EPA Proposes Lowering Dust-Hazard Standards and Leaves Definition of Lead-Based Paint Untouched
The U.S. Environmental Protection Agency recently celebrated National Lead Poisoning Prevention Week, during which the agency attempted to raise awareness of efforts and collaborations to reduce childhood exposure to lead. This is a good time to look back at recent...
EPA’s Electronic Reporting Rules May Increase Enforcement Against Contractors
Two rules from the U.S. Environmental Protection Agency (“EPA”) governing stormwater permits and the Audit Policy will increase the public’s access to data showing whether contractors are complying with environmental regulations. I. Stormwater Permits EPA’s final...
