Blogs
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 in VAEP and how we can make this organization work for you ...
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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, ASTM 1527 is designed to provide a consistent standard for satisfying EPA’s All Appropriate Inquiries (“AAI”) Rule when assessing current environmental conditions as part of ...
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How to Protect Your Business Against Ransomware
Within the past decade, technology has evolved extremely rapidly, which can be both beneficial and difficult for business owners to navigate. Just as common technology like laptops and mobile banking has evolved, so have the cybercriminals that target businesses in ransomware attacks. Despite the frightening news of recent ransomware attacks, Vandeventer Black is here to provide business owners with the information and legal support you ...
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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 on how the USACE treats AJDs and could significantly impact pending permit applications which relied on AJDs issued under the previous rule. Background On Changes ...
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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. Such comfort letters had been an important tool available to prospective purchasers of industrial and other contaminated properties to help limit their liability for existing ...
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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 Court vacated the 2020 Rule on October 21 of this year. The Court’s action had the effect of reinstating the previous CWA 401 Rule issued ...
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Revised Phase I ESA Standard Published
On Nov 1, 2021, ASTM International (“ASTM”) released the revised standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”). The new standard, ASTM 1527-21, which revises the 1527-13, is intended to address inconsistencies that have developed in current environmental due diligence practice, and to improve the overall quality of Phase I ESAs. As background, the intent behind the ASTM 1527 was to provide ...
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Department of Justice Announces New Civil Cyber-Fraud Initiative – What This Means for Federal Contractors
Recently, Deputy Attorney General Lisa O. Monaco announced the Department of Justice’s new Civil Cyber-Fraud Initiative, aimed at combatting “new and emerging cyber threats to the security of sensitive information and critical systems.” The Initiative will be led by the Department’s Civil Division Commercial Litigation Branch, Fraud Section, and is a direct result of the Department’s comprehensive cyber review ordered by Deputy Monaco last May ...
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Cybersecurity Maturity Model Certification (CMMC) 2.0 – What Federal Contractors Need To Know
On November 4, 2021, the Department of Defense (DoD) issued an Advanced Notice of Proposed Rulemaking by releasing the latest and highly anticipated iteration of the CMMC program – CMMC 2.0. According to the DoD, the streamlined version of CMMC 2.0: Cuts red tape for small and medium-sized businesses Sets priorities for protecting DoD information Reinforces cooperation between the DoD and industry in addressing evolving ...
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Legal Alert – U.S. Army Corps Pauses Permit Decisions
Highlights: - The Army Corps of Engineers has paused action on certain permits that relied on Trump Administration’s Clean Water Act (CWA) Sec. 401Certification Rule after a federal court in California “vacated” the 2020 Rules last month - The permits that are held up include individual wetlands and dredging permits, as well as 16 Nationwide Permits, which could impact a number of pending projects - ...
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EPA Releases PFAS Strategic Roadmap
Highlights - Businesses could face additional PFAS compliance requirements as early as 2022 - EPA planning to list PFAS as a CERCLA hazardous substance by 2023 - Expect PFAS to be addressed in NPDES permits and industrial ELGs - Expect establishment of PFAS drinking water limits and water quality criteria The U.S. Environmental Protection Agency (“EPA”) released its PFAS Strategic Roadmap on October 18, 2021. ...
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Prioritizing Cybersecurity in a Hybrid Workplace
In this day and age, employees are more connected than ever. The hybrid workplace is here to stay, and for employees, this means relying on connected devices from their home offices. According to recent data,[1] smart home systems are set to rise to a market value of $157 billion by 2023, and the number of installed connected devices in the home is expected to rise ...
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FIGHT THE PHISH!
In our earlier article, we discussed tips on practicing basic cyber hygiene. One of the most common attack methods mentioned in that article was phishing. This article will discuss the importance of being aware of text messages, emails, or chat boxes that come from someone you do not know or were not expecting. Phishing has been a staple in the cybersecurity threat landscape for decades ...
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Cybersecurity Best Practices
In our first article to kick off Cybersecurity Awareness Month, we will discuss some steps businesses can take to improve their cyber hygiene. Over the past few years, some of the largest and well-known companies have been affected by data breaches resulting in millions of dollars in losses. Smaller businesses are not immune from data breaches, and even a small data breach impacting only a ...
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Vandeventer Black LLP Supports Cybersecurity Awareness Month – 2021
In recognition of National Cybersecurity Awareness Month, Vandeventer Black is pleased to announce that it will again be providing information and resources throughout the month of October to increase awareness of some of the complex cybersecurity issues and challenges that face businesses in Virginia and beyond. Recently, we published a series of articles addressing ransomware attacks, such as those involving Colonial Pipeline and JBS S.A., ...
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Environmental Justice Emerges as EPA and Virginia Priority
Recent guidance issued by the U.S. Environmental Protection Agency (“EPA”) evidences EPA’s intention to better incorporate Environmental Justice (“EJ”) considerations into program administration and enforcement. Specifically, EPA issued two memoranda that signal a revitalized focus on EJ enforcement. On June 21, 2021, EPA issued a memorandum titled Strengthening Environmental Justice Through Criminal Enforcement, which sets out specific steps to advance EJ goals through criminal enforcement, ...
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EPA Proposes Retroactive PFAS Reporting
On June 28, 2021, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that would require a one-time report from companies that manufactured or imported per- and polyfluoroalkyl substances (PFAS) in any year since January 1, 2011. The proposed rule would require regulated entities to provide an expansive suite of information, including the specific chemical identity, categories of use, production volume, byproducts, environmental and ...
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Muddy Waters: Virginia’s Proposed Numeric Turbidity Criteria and Potential Compliance Challenges
On April 12, 2021, the Virginia Department of Environmental Quality (DEQ) issued a Notice of Intended Regulatory Action (NOIRA) to establish first-time numeric turbidity criteria for Commonwealth surface waters in response to a directive by the State Water Control Board. The establishment and potential enforcement of numeric turbidity criteria would impact a wide range of potential regulated industries, including construction, mining, infrastructure projects, and municipal ...
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Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements
Joseph Romero Appellate Practice, Environmental, Environmental Law Monitor, Government Contracts, Litigation
In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises only when the settlement agreement resolves CERCLA-specific liabilities. This decision may call into question the effect of existing settlement agreements, the viability of ongoing contribution cases, and may revive the ability of some parties ...
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New Developments in the Colonial Pipeline Attack Provide Businesses Good News – And Some Important Lessons
It has been barely a month since we reported on the recent ransomware attack on the Colonial Pipeline Company, yet news continues to break with additional revelations about the recent attack. What we have learned during the past several weeks should give businesses encouragement, while reinforcing some important lessons. Shortly after the attack, it was revealed that Colonial Pipeline paid roughly $4.3 million in bitcoin ...
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