EnviroConLaw Blog
U.S. Supreme Court Rules Clean Water Act Permits May Be Required When Point Source Pollution Is Discharged Into Groundwater
The U.S. Supreme Court recently issued an opinion in County of Maui v. Hawaii Wildlife Fund that further expands upon its opinions under the Clean Water Act. This time, the Court addressed the issue of whether the Clean Water Act requires a permit when pollutants...
U.S. EPA Clarifies Temporary Enforcement Policy in the Face of Inspector General Report Showing Drop in Enforcement
In our previous blog post, we advised that companies with federal environmental obligations should review the applicability of U.S. EPA’s temporary enforcement policy, entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” In that...
What Should Companies Do If They Cannot Meet Environmental Obligations in the Wake of COVID-19?
Everyone in the United States has been affected in some way or another by the COVID-19 pandemic, but many companies with environmental compliance obligations are facing impossible situations. Worker shortages due to the pandemic as well as travel and social...
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 In 2019, the agencies had repealed the Obama Administration’s 2015 “Clean Water...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...
