- Uptick in Redevelopment of Contaminated Sites – This trend is evident both for impacted sites in general and for those formally in the state of Florida’s (EPA) Brownfields Program, which provides
Wetlands
Wetlands Regulation in Pennsylvania After ‘Sackett’ Ruling
Last month the U.S. Supreme Court restricted federal jurisdiction over filling and altering wetlands. See Sackett v. Environmental Protection Agency, No. 21-454 (U.S. May 25, 2023). The president promptly…
Continue Reading Wetlands Regulation in Pennsylvania After ‘Sackett’ RulingSupreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
Local Preemption and Wetlands in Massachusetts: An Update
The Massachusetts Supreme Judicial Court (SJC) decided a case this week clarifying the limitation on a municipality’s ability to regulate wetlands and waterway construction more stringently than would the Department…
Continue Reading Local Preemption and Wetlands in Massachusetts: An Update
Local Preemption and Wetlands in Massachusetts
The Massachusetts Appeals Court (the intermediate appellate court) has decided two cases this month addressing when a local conservation commission can impose conditions on development that affects wetlands in addition…
Continue Reading Local Preemption and Wetlands in Massachusetts
Massachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property Transfer
On August 31, the Massachusetts Supreme Judicial Court (the highest court in the Commonwealth) decided that the local conservation commission (and presumably the state) can sue a new owner of…
Continue Reading Massachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property Transfer
Maribel Nicholson-Choice Quoted in Law360 Article, ‘3 Key Enviro Priorities In The Infrastructure Bill’
Maribel N. Nicholson-Choice, a shareholder in GT’s Environmental Practice, is quoted in an Aug. 3 Law360 article titled “3 Key Enviro Priorities In The Infrastructure Bill.”
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Continue Reading Maribel Nicholson-Choice Quoted in Law360 Article, ‘3 Key Enviro Priorities In The Infrastructure Bill’
New York Governor Proposes $3 Billion Bond for Environmental Measures
In his 2020 State of the State speech, New York Governor Andrew M. Cuomo led with a proposal to issue a $3 Billion ‘Restore Mother Nature Environmental’ Bond Act. The…
Continue Reading New York Governor Proposes $3 Billion Bond for Environmental Measures
Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes
In a previous post we predicted that the U.S. Supreme Court would affirm an Eighth Circuit decision holding that a landowner can obtain immediate judicial review of a wetlands “jurisdictional…
Continue Reading Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes
Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations
On May 31, 2016, in a unanimous ruling, the United States Supreme Court held that the Army Corps’ determination as to whether “protected waters,” subject to Clean Water Act regulations,…
Continue Reading Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations