Virginia State Water Control Law Reigns Supreme for Protection of Wetlands in the Commonwealth

On May 25, the Supreme Court of the United States significantly narrowed the scope of wetlands protected by the Clean Water Act (CWA or Act). The Court held that only wetlands indistinguishable from Waters of the United States (WOUS) ⸺… Read more

June 22, 2023 | Environmental & Alternative Energy | Environmental Law Monitor

They’re Back! DEQ to Resume Issuance of Landowner Liability Comfort Letters

Virginia’s Department of Environmental Quality (“VDEQ”) announced via its email newsletter that it will resume issuance of Bona Fide Prospective Purchase (“BFPP”) and other “Comfort Letters” beginning September 1, 2022. This resumes a popular program that offers welcomed legal clarity… Read more

August 10, 2022 | Environmental Law Monitor

New Bat Rules May Affect Future Construction Projects, including New VDOT Tree Removal Limits

Contractors and owners with projects that may affect forested areas after December of 2022 may face more restrictive prohibitions against tree removal under a proposed rule that would list the northern long-eared bat as an endangered species. The northern long-eared… Read more

June 24, 2022 | Environmental Law Monitor

EPA Sets Near “Zero” PFAS Drinking Water Health Advisory

On June 15, 2022, EPA issued four drinking water health advisories for per- and polyfluoroalkyl substances (PFAS) that set levels so low that it amounts to a finding that no level of PFAS in drinking water is acceptable. As background,… Read more

June 17, 2022 | Environmental & Alternative Energy | Environmental Law Monitor

U.S. Army Corps Reissues Virginia Statewide Permits, but Excludes Mining Activities

The Norfolk District of the U.S. Army Corp of Engineers (“Corps”), in coordination with the Virginia Department of Environmental Quality (“VDEQ”), is proposing two Virginia State Programmatic General Permits (“SPGP”) authorizing discharge of dredge or fill material in nontidal waters… Read more

May 31, 2022 | Environmental & Alternative Energy | Environmental Law Monitor

Join Us! Virginia Association of Environmental Professionals Virtual Meeting

VAEP would like to invite Virginia environmental professionals, or those interested in entering the environmental field, to an information session where VAEP’s organizers will discuss their vision for the organization, membership expectations, and the hear from you about your interest… Read more

April 28, 2022 | Eminent Domain | Environmental & Alternative Energy | Environmental Law Monitor

EPA Proposes to Incorporate New Environment Due Diligence Standard

On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s “All Appropriate Inquires” regulations. As background,… Read more

March 30, 2022 | Environmental & Alternative Energy | Environmental Law Monitor

Army Corps Changes Course on Jurisdictional Determinations

On January 5, 2022, the U.S. Army Corps of Engineers (“USACE”) quietly released an announcement stating that it will not rely on approved jurisdictional determinations (“AJDs”) issued under the now-vacated Navigable Waters Protection Rule (“NWPR”). This represents a significant change… Read more

January 20, 2022 | Environmental Law Monitor

Virginia DEQ Suspends Issuance of Landowner Liability “Comfort Letters”

On December 1, 2021, the Virginia Department of Environmental Quality (“VDEQ”) announced via a notice on its Brownfields website that it stopped accepting applications for Bona Fide Prospective Purchase (“BFPP”) and other “Comfort Letters” for an indeterminate period of time.… Read more

December 13, 2021 | Environmental & Alternative Energy | Environmental Law Monitor

Update — Army Corps Resumes Permit Actions

On November 9, we reported that the U.S. Army Corps of Engineers (“Army Corps”) had paused action on certain permits that relied on the Trump Administration’s Clean Water Act (“CWA”) Sec. 401 Certification Rule (“2020 Rule”) after a California Federal… Read more

December 2, 2021 | Environmental & Alternative Energy | Environmental Law Monitor

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