Environmental

Muddy Waters: Virginia’s Proposed Numeric Turbidity Criteria and Potential Compliance Challenges

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

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

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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DEQ Releases Draft Climate Change Chesapeake Bay Preservation Area Management Regulations

DEQ Releases Draft Climate Change Chesapeake Bay Preservation Area Management Regulations

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.  This draft regulation implements amendments to the Chesapeake Bay Preservation Act (“CBPA”) passed during the 2020 General Assembly which requires local governments add consideration of ...
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Virginia DEQ Amends Construction General Permit to Include Disposal Disclosure Requirements

Virginia DEQ Amends Construction General Permit to Include Disposal Disclosure Requirements

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 regulation, 9 VAC 25-880, governs stormwater discharges from regulated construction activities. Contractors seeking coverage under the Construction General Permit must submit a registration statement that ...
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EPA RAMPS UP ENFORCEMENT AGAINST ENGINE EMISSIONS TAMPERING

EPA RAMPS UP ENFORCEMENT AGAINST ENGINE EMISSIONS TAMPERING

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 are available which are advertised to bypass or eliminate the effectiveness of vehicle emissions systems.  These devices or services are often targeted to diesel engines ...
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We Won the Contract, But Then Discovered a Mistake in our Bid. Now What?

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

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 a mistaken bid can spell big trouble for most companies ...
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Am I Responsible for That?

Am I Responsible for That?

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 is dangerous, and this can result in personal injury or ...
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