Enviroconlaw Blog
When a “Continuing Violation” Isn’t
Published Date: June 19, 2019
Lawyers who work in the environmental field are accustomed to statutes and regulations providing that each day a violation is present constitutes a separate offense. These provisions often lead to rapidly accumulating penalties that can overwhelm smaller contractors or owners. But a recent case in Maryland shows that it pays to focus on the exact wording of the law allegedly [...] Read More
SIERRA CLUB REACTIVATES PROGRAM TO INSPECT CONSTRUCTION SITES
By: Peck Law
Published Date: March 19, 2019
According to a recent news report, local Sierra Club chapters are reactivating programs that support volunteers who inspect construction sites for potential violations of environmental laws. For many years, the national Sierra Club organization has had programs to "connect people with their waterways" by having them conduct local water quality testing and monitoring. At times, these programs also involved volunteers [...] Read More
CONSTRUCTION INDUSTRY PREPARES FOR NEW HOUSING RULES INVOLVING SOLAR IN CALIFORNIA
By: Peck Law
Published Date: February 12, 2019
In the past two months, California has seen a series of changes to its laws that may dramatically affect the construction industry in that state. On January 15, 2019, Governor Gavin Newsom announced a series of proposals to tackle housing affordability. This included a budget proposal of $1.75 billion dollars to spur housing development and to promote economic growth. The [...] Read More
U.S. FISH AND WILDLIFE SERVICE AGREES TO TAKE ACTION ON ENDANGERED SPECIES ACT PETITION
By: Peck Law
Published Date: January 28, 2019
Recently, the U.S. Fish and Wildlife Service settled a claim filed by the Center for Biological Diversity that forces FWS to take action on issues relating to a critical habitat designation for the western yellow-billed cuckoo. In 2014, FWS listed the western distinct population segment of the yellow-billed cuckoo under the Endangered Species Act but had not yet published a [...] Read More
New Federal Decision Requires Clean Water Act Permits for Recyclers of Construction Waste
By: Peck Law
Published Date: December 26, 2018
The U.S. Court of Appeals for the Second Circuit recently decided that contractors that process construction debris and waste for recycling may need to obtain permits under the Clean Water Act (“CWA”) for their stormwater runoff. As the Second Circuit ruled, “not every incident of stormwater runoff is subject to regulation under the CWA. Only stormwater runoff associated with certain [...] Read More
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