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EPA abandons majority of construction stormwater guidelines

Gardere Wynne Sewell LLP
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USA
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November 3 2010

About a year after finalizing its construction stormwater rule, EPA has abandoned the numeric turbidity limits after admitting they are flawed because EPA agreed it improperly interpreted data and could no longer support the 280-NTU numeric effluent limit

Texas counties seek more regulatory authority from 2011 legislative session

Gardere Wynne Sewell LLP
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USA
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September 22 2010

At a hearing held before the House Committee on County Affairs in August 2010, representatives of the statewide County Judges and Commissioners' Association of Texas and the Texas Conference of Urban Counties, together with other county representatives, reaffirmed their intention to seek additional regulatory authority over building standards, residential development and land-use controls in the upcoming 82nd session of the Texas Legislature

Contractors and remodelers must now meet EPA's new lead paint rule

Gardere Wynne Sewell LLP
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USA
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June 7 2010

As of April 22, anyone making renovations to residential and child-occupied buildings built before 1978 must meet EPA's new Lead Based Paint Residential Property Renovation Rule if they do any work that disturbs a painted surface

Stormwater alert for the construction industry

Gardere Wynne Sewell LLP
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USA
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November 24 2009

On Nov. 23, 2009, EPA issued a new final rule regulating stormwater discharges from construction sites

TRCCA Act expiration creates questions

Gardere Wynne Sewell LLP
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USA
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June 22 2009

With the most recent session of the Texas Legislature having come and gone without an extension of the Texas Residential Construction Commission Act (TRCCA), the TRCCA and the regulatory commission spawned by it, the Texas Residential Construction Commission (Commission), will expire soon

General contractors beware: OSHA multi-employer citation policy alive and well

Gardere Wynne Sewell LLP
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USA
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May 27 2009

In a decision with significant implications for construction companies, the Eighth Circuit Court of Appeals in Secretary v. Summit Contractors affirmed OSHA's ability to issue citations to employers under the Multi-Employer Citation Policy, even when they did not create a worksite hazard and even when the employer's own employees are not exposed to the hazard

Texas Supreme Court reaffirms controversial workers' compensation ruling

Gardere Wynne Sewell LLP
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USA
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April 17 2009

The Texas Supreme Court recently upheld its previous ruling that a premises owner who contracts for the performance of work on its premises, and provides workers compensation insurance to the contractors employees pursuant to the contract, is entitled to the exclusive remedy defense generally afforded only to employers by the Texas Workers Compensation Act

EPA proposes expensive new standards for construction and development industry

Gardere Wynne Sewell LLP
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USA
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February 3 2009

Prior to 1987, storm water regulation under the Clean Water Act (CWA) was characterized by uncertainty and litigation

Expensive new stormwater regulations proposed for developers

Gardere Wynne Sewell LLP
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USA
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November 30 2008

The EPA is proposing a regulation that would establish Effluent Limitation Guidelines and New Source Performance Standards for the Construction and Development Point Source Category

9th Circuit requires EPA to set storm water runoff limits for construction activities

Gardere Wynne Sewell LLP
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USA
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October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009