1. 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
Continue Reading 5 Trends to Watch: 2024 Florida Environmental Issues

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’ Ruling

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

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

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