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Homebuilder to pay $925,000 to settle stormwater violations in 21 states

Shook Hardy & Bacon LLP
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USA
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December 17 2010

A national homebuilder has agreed to pay a civil penalty of $925,000 and implement a companywide stormwater program under a proposed settlement with EPA

Ninth Circuit upholds California air district’s indirect source rule

Shook Hardy & Bacon LLP
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USA
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December 17 2010

Affirming a district court decision, the Ninth Circuit Court of Appeals has upheld a San Joaquin Valley Air Pollution Control District (SJVAPCD) rule that regulated "indirect sources" of air pollution by requiring construction companies to quantify a project's emissions and offset excess emissions with air-friendly project offsets or pay a mitigation fee to the district

Newmoa white paper promotes recycling of gypsum wallboard

Shook Hardy & Bacon LLP
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USA
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October 22 2010

The Northeast Waste Management Officials' Association (NEWMOA), with the assistance of an EPA grant, has published a white paper to promote the recycling of gypsum wallboard from construction and demolition projects in the northeastern United States

Omnibus appropriations action repealed NEPA’s application to specific construction projects

Shook Hardy & Bacon LLP
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USA
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October 1 2010

The Eleventh Circuit Court of Appeals has ruled that the 2009 Omnibus Appropriations Act (OAA), which Congress passed to generate jobs quickly during the recession, trumps NEPA and other federal and state procedural statutes

First Circuit rules developer may not file federal takings claim over Native American archeological site

Shook Hardy & Bacon LLP
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USA
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June 10 2011

The U.S. Court of Appeals for the First Circuit has ruled that the developer of a coastal residential subdivision in Narragansett, Rhode Island, did not have grounds to file a federal takings claim after the state halted the project when an American Indian archeological site was discovered

EPA’s authority to remove opt-out provision from lead-based paint renovation rule upheld

Shook Hardy & Bacon LLP
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USA
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July 13 2012

The D.C. Circuit Court of Appeals has upheld the U.S. Environmental Protection Agency’s (EPA’s) authority to remove a lead-based-paint renovation rule provision that allowed contractors to opt out of certain protections against lead exposure

Indicted developer sues EPA for $65 million in damages for alleged due process violations

Shook Hardy & Bacon LLP
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USA
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June 29 2012

A New York developer, who was recently indicted by a federal grand jury for criminal violations of the Clean Water Act (CW A), has sued the U.S. Environmental Protection Agency (EPA) seeking $65 million in damages, claiming his due process rights were violated

New York’s high court requires city construction authority to amend eis

Shook Hardy & Bacon LLP
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USA
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November 2 2012

The New York Court of Appeals has ruled that the New York City School Construction Authority (NYCSCA) has violated the State Environmental Quality Review Act (SEQRA) by failing to include information on long-term maintenance and monitoring in an environmental impact statement (EIS) for a project partially located on a Brownfield site

Ninth Circuit upholds state building code provision under EPCA preemption exemption

Shook Hardy & Bacon LLP
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USA
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July 13 2012

The Ninth Circuit Court of Appeals has upheld energy-efficiency provisions in Washington state’s building code under a preemption-exemption provision in the Energy Policy and Conservation Act (EPCA

Insurer must defend claims based on insured’s use of non-pollutant floor sealer

Shook Hardy & Bacon LLP
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USA
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February 15 2013

A federal court in Missouri has determined that a floor-sealing product used by a construction cleanup company was not a "pollutant" and that the

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