From vapor intrusion systems to rooftop solar; green building to pollution legal liability insurance, environmental and real estate go hand-in-hand. Environmental issues are routine in all types of real estate transactions, no matter the size, location, or nature of the property and can potentially impact the land (including subsurface), the building, or both. Many of
Supreme Court Will Hear Groundwater Hydrologic Connection Case
Today the Supreme Court issued its order list from its February 15 Conference during which it considered whether to grant certiorari in two pending petitions regarding discharges of pollutants to groundwater that is hydrologically connected to surface water. The Court granted certiorari in County of Maui, HI v. Hawaii Wildlife Fund, et al. only as
US Supreme Court to Reconsider Key Agency Deference Standard
Often called the fourth branch of government, administrative agencies implement the labyrinth of federal regulations governing people and companies in the United States. Administrative agencies play a particularly important role in regulating environmental, health, and safety in the United States. Those administrative agencies may soon face greater scrutiny from federal courts in their interpretation of their own
January 2019 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy
We are pleased to share our latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In the January 2019 edition, we summarise 27 developments in the environmental, safety and health sector. Top stories this month include:
- Post-Brexit environmental guidance set out in the Environment Bill,
EPA Proposing FY 2020-2023 National Compliance Initiatives
EPA recently released the pre-publication version of its proposed National Compliance Initiatives for FY 2020-2023. Notably, consistent with Susan Bodine’s August 21, 2018 Memorandum “Transition from National Enforcement Initiatives to National Compliance Initiatives,” EPA has extended the cycle from two years to four years, moved away from sector targeting, and updated its focus for FY
NJDEP Seeks Public Comment on Environmental Justice Guidance
On April 20, 2018, Governor Murphy signed Executive Order 23. In the order, Governor Murphy concluded that New Jersey’s low-income communities and communities of color have been exposed to disproportionately high and unacceptably dangerous levels of air, water, and soil pollution, and that the State should focus its efforts on promoting environmental justice. Accordingly, the
Déjà Vu All Over Again: Re-redefining Waters of the United States Under the Clean Water Act
Troutman Sanders partner Chuck Sensiba and Associate Morgan Gerard authored the main feature article in the January 2019 issue of The Water Report, a monthly publication focused on federal and state water issues. In the article, Sensiba and Gerard discuss how a rule proposed by the Trump Administration would significantly narrow the number of
Amendments to CEQA Guidelines Now in Effect
California Natural Resources Agency adopts final amendments to CEQA Guidelines, providing additional clarifying revisions to GHG impacts, baseline, and deferral of mitigation amendments.
By Marc Campopiano, Winston Stromberg, and Samantha Seikkula
The California Office of Administrative Law recently approved a suite of amendments to the CEQA Guidelines, which are now in effect. Latham
Reference to oil & gas royalty interest deemed sufficient under the Marketable Title Act
The Ohio Supreme Court recently settled an open question under Ohio’s Marketable Title Act (MTA), determining that a reference to the type of interest created and to whom it was granted is all that is necessary under the MTA to preserve the interest. And interestingly, despite the existence of the Dormant Mineral Act (DMA), the
December 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy
We are pleased to share our latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In the December edition, we summarise 29 developments in the environmental, safety and health sector. Top stories this month include:
- Three companies, all operating on the same site found liable