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Lead: EPA lead certification rule effective April 22, 2010

Shook Hardy & Bacon LLP
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USA
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March 19 2010

An EPA rule issued in 2008 and effective April 22, 2010, requires contractors performing renovation, repair and painting projects that disturb paint in homes, child-care facilities and schools built before 1978 to be trained and certified by an EPA-accredited provider

Endangered Species Act: homebuilders sue DOI over interpretation of listing decision

Shook Hardy & Bacon LLP
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USA
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June 11 2010

A homebuilders association has sued the Department of the Interior (DOI) and the Fish and Wildlife Service (FWS) over the agencies' interpretation of criteria used to list a species as endangered or threatened under the Endangered Species Act (ESA

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

Stormwater: large homebuilder settles CWA violations for $1 million

Shook Hardy & Bacon LLP
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USA
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April 30 2010

A large national residential homebuilder has reportedly settled Clean Water Act (CWA) violations at 591 construction sites in 18 states for a civil penalty of $1 million

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

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

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