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EPA adopts CERCLA due diligence standard for forested and rural properties
  • Gardere
  • USA
  • February 3 2009

Purchasers of industrial or commercial properties are familiar with CERCLA's requirements for All Appropriate Inquiry (AAI), but these requirements, and the ASTM standard commonly used to address them, do not always fit when purchasing undeveloped rural property

Testing the Waters: The U.S. Supreme Court Agrees To Hear U.S. Army Corps’ Clean Water Act Determinations Challenge
  • Foley & Lardner LLP
  • USA
  • December 16 2015

On Friday, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (“Army

Native American law watch - Spring 2015
  • Modrall Sperling
  • USA
  • May 18 2015

In Northern Arapaho Tribe v. Ashe, the United States District Court for the District of Wyoming contrasted two tribes’ eagle interests, the First

Changes to Federal Threatened and Endangered Species Rules May Affect Developers and Dischargers
  • Manko Gold Katcher & Fox
  • USA
  • January 25 2016

On January 14, 2016, the United States Fish and Wildlife Service (FWS) published a rule pursuant to Section 4(d) of the Endangered Species Act (ESA

Neighbors’ noise complaints trigger EIR
  • Manatt Phelps & Phillips LLP
  • USA
  • July 2 2015

The Sixth District Court of Appeal affirmed the trial court’s holding that preparation of an EIR was required for the approval of a use permit to

Continuing challenges to the assertion of federal regulatory authority over navigable waters
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • May 19 2015

On May 15, 2015, the Court of Appeals for the District of Columbia Circuit again ruled that the National Association of Home Builders lacked

Governor's executive orders present opportunities to extend expiration of development permits
  • Stearns Weaver Miller Weissler Alhadeff & Sitterson PA
  • USA
  • September 9 2015

Two recent executive orders present opportunities for development permit holders across Florida to extend the expiration of some permits. On August 6

Native American law watch - summer 2015
  • Modrall Sperling
  • USA
  • August 18 2015

On June 26, 2015, in Pueblo of Jemez v. the United States, the United States Court of Appeals for the Tenth Circuit reversed a district court ruling

Supreme Court Hears Oral Argument on Judicial Review of Clean Water Act Jurisdictional Determinations
  • Steptoe & Johnson LLP
  • USA
  • April 1 2016

On March 30, the US Supreme Court heard oral argument regarding whether an agency's jurisdictional determination that a property contains "waters of

N.C. General Assembly is actively revisiting riparian buffer rules
  • Womble Carlyle Sandridge & Rice LLP
  • USA
  • June 24 2015

Riparian buffers are vegetated areas next to water resources that protect water quality, bank stabilization from erosion, and aquatic and wildlife