On January 21, 2021, the State Water Control Board (“Board”) published draft amendments to the Chesapeake Bay Preservation Area Designation and Management Regulations that would require localities to incorporate coastal resilience and climate change adaptation into local land use ordinances. … Read more
Contractors that obtain coverage under the Virginia General Permit for Discharges of Stormwater from Construction Activities (“Construction General Permit” or “Permit”) will soon need to disclose information regarding the disposal of excavated material from project sites. The Construction General Permit… Read more
On October 26, 2020, EPA published its proposed rule under the Vessel Incidental Discharge Act (“VIDA”) which would establish national standards of performance for discharges incidental to the normal operation of vessels. Background EPA regulates vessel discharges pursuant to a… Read more
In a case of first impression, the Court of Appeals for the Second Circuit ruled that submarine cables containing dielectric fluids and other oils are “facilities” under the Oil Pollution Act. Consequently, vessel operators that damage submarine cables could face… Read more
Companies that manufacture, install, or otherwise defeat a vehicle’s emissions system risk EPA enforcement. This is particularly true for activities designed to defeat emissions systems of diesel engines, which has drawn increased EPA scrutiny. A number of devices or services… Read more
Development projects that affect shorelines in Virginia will soon need to plan for the use of living shorelines as the preferred method for shoreline management in their development plans. During the 2020 Legislative Session, the Virginia General Assembly amended Title… Read more
On June 1, 2020, EPA finalized amendments to the Clean Water Act section 401 certification process. The amendments update the substantive and procedural requirements for state water quality certifications. The rule is almost certainly going to be challenged in court… Read more
On May 18, 2020, EPA published its final rule adding 172 per-and polyfluoroalkyl substances (“PFAS”) to the list of chemicals requiring reporting on the Toxics Release Inventory (TRI), which heightens the importance of understanding whether your business processes, manufactures, or… Read more
[Legal Alert] UPDATE: On May 11, 2020, the District Court in Montana amended its initial Order, which completely vacated Nationwide Permit 12, to make the Court’s Order applicable only to the construction of new oil and gas pipelines. All other… Read more
The regulatory landscape has become a challenging place to operate as the nation struggles to contain the spread of COVID-19. The frequency and diversity of policy changes being issued by various levels of government, combined with the proliferation of information… Read more
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