Enviroconlaw Blog
Lesser-Known (But Important) Exceptions in Construction Stormwater Discharge Permitting
Published Date: November 18, 2019
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 hold true, as well as instances where CGP coverage is required even though the contractor’s work on site disturbs less than [...] Read More
Contractor Private Liability for Stormwater and E&SC Failures
Published Date: August 29, 2019
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 the federal Clean Water Act, for instance, can result in fines of over $50,000 per day per violation. However, a recent decision [...] Read More
Illinois Passes $45 Billion Capital Plan Including Money for Green Infrastructure
Published Date: July 23, 2019
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 and $14 billion for other road and bridge projects. It also includes $4.7 billion for mass transit, $1 billion for passenger rail and millions for [...] Read More
Eighth Circuit Reaffirms That There Is No Right Of Action Under NEPA Prior To Final Agency Action
Published Date: July 10, 2019
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 affecting the quality of the human environment.” Once an agency issues a final EIS, the federal agency will provide environmental clearance via a Record [...] Read More
When a “Continuing Violation” Isn’t
Published Date: June 19, 2019
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 or owners. But a recent case in Maryland shows that it pays to focus on the exact wording of the law allegedly [...] Read More
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