Environmental and Regulatory Compliance During the COVID-19 Pandemic: Best Practices

04/28/2020Romero, Joseph

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 and misinformation, means regulated entities may find it difficult to track and accurately understand current… Read more »

UPDATE: Virginia DEQ Issues Temporary Environmental Enforcement Policy During COVID-19


04/01/2020Romero, Joseph

On March 30, we posted an article regarding the issuance of temporary environmental enforcement policies by the Environmental Protection Agency (EPA) and some states.  In that article, we discussed the Virginia Department of Environmental Quality’s (DEQ) announcement that they were suspending field activities.  We noted that DEQ’s announcement did not state it was enacting a… Read more »

EPA and States Issue Temporary Environmental Enforcement Policies During COVID-19

03/30/2020Romero, Joseph

The increased limitations on day-to-day life resulting from efforts to slow the spread of COVID-19 have made previously routine regulatory compliance efforts more difficult.  In some cases, regulated entities may find that they are unable to comply with certain requirements imposed by regulations, a settlement agreement, or a consent decree.  For example, a hazardous waste… Read more »

Environmental Enforcement Agreements, Force Majeure Provisions, & COVID-19: Now is the Time to Review Your Consent Order and Assess Your Options


03/21/2020Romero, Joseph

Much has already been written regarding the potential of COVID-19 to impact construction or development projects.   For example, businesses may experience personnel or material shortages, or stoppages that result from Government-directed actions.  These delays jeopardize project timelines and place businesses in vulnerable positions regarding liquidated damages or other contract penalties.   These businesses are reviewing their… Read more »

DOJ Ends Use of SEPs In Civil Enforcement Actions

03/19/2020Romero, Joseph

In an immediate change to Department of Justice (DOJ) policy, the Assistant Attorney General for the Environment and Natural Resources Division, Jeffrey Bossert Clark, issued a memorandum on March 12, 2020 that ends the use of Supplemental Environmental Projects (SEPs) in federal environmental enforcement actions.     SEPs are environmentally beneficial projects not required by law,… Read more »

We Won the Contract, But Then Discovered a Mistake in our Bid. Now What?

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03/18/2013Mazzeo, Anthony J.

Authored by attorney Anthony J. Mazzeo The euphoria you feel upon being notified by a contracting officer that your company has been awarded a federal contract on which you recently bid can quickly turn to dread if you discover that a mistake caused you to underbid the work. Being bound to a contract based on… Read more »

Am I Responsible for That?

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07/13/2012Lowenstein, Neil S.

Authored by attorney Neil Lowenstein Landowners hire contractors to perform work for the landowner.  Contractors then typically hire multiple subcontractors to perform various portions of that work.  And, subcontractors then hire sub-subcontractors to perform various portions of their work.  And, so on depending upon the nature of the particular project.  Often the work being performed… Read more »