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Fox Rothschild LLP | USA | 4 Jan 2013

UECA deadline for conversion of deed restrictions fast approaching

Brownfield developers have been living with the Uniform Environmental Covenants Act (UECA) in Pennsylvania since it became effective in February 2008. At


Fox Rothschild LLP | USA | 19 Dec 2012

Eligibility for grandfathering of certain storm water permit conditions ready to expire

In 2010, Pennsylvania’s Environmental Quality Board published the final-form rulemaking for its amended Chapter 102 regulations relating to erosion and sediment control and storm water management.


Fox Rothschild LLP | USA | 19 Nov 2012

Interplay between PADEP's policy on PNDI coordination and its new permit decision guarantee

In a recent PA Bulletin Notice PADEP released proposed revisions to its existing policy on PNDI reviews to clarify PNDI coordination within the Department's permit application review process.


Fox Rothschild LLP | USA | 26 Oct 2012

PA DEP publishes draft guidelines for permit decision guarantee program

As a result of Pennsylvania Governor Tom Corbett’s Executive Order 2012-11, the state’s Department of Environmental Protection (DEP) published draft guidelines creating a Permit Decision Guarantee (PDG) policy in September.


Fox Rothschild LLP | USA | 19 Sep 2012

Federal legislation seeks to reverse EPA guidance document

On April 27, bipartisan leaders of the House Transportation and Infrastructure Committee and the House Agriculture Committee introduced H.R. 4965, which would prohibit the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) from finalizing or implementing guidance provided in the document entitled “EPA and Army Corps of Engineers Guidance Regarding Identification of Water Protected by the Clean Water Act.”


Fox Rothschild LLP | USA | 29 Aug 2012

PADEP proposes changes to NPDES general permit for stormwater construction activities

In a notice published in the Pennsylvania Bulletin on August 18, 2012, PADEP proposes to make revisions to the NPDES general permit (GP) for stormwater construction activities, known as PAG-02.


Fox Rothschild LLP | USA | 24 Jul 2012

Governor Corbett issues Executive Order 2012-11 creating permit decision guarantee for PADEP

Earlier today, Governor Tom Corbett issued Executive Order 2012-11 which establishes a permit decision guarantee program for PADEP.


Fox Rothschild LLP | USA | 19 Jun 2012

EHB rules on interesting mine subsidence claim

The PA Environmental Hearing Board issued a decision yesterday in an interesting case involving the application of the PA Mine Subsidence Act.


Fox Rothschild LLP | USA | 11 May 2012

Comment period closing on PADEP's proposed spill policy for oil and gas operations

The comment period on PADEP's proposed policy entitled "Addressing Spills and Releases from Oil and Gas Wells and Related Operations" closes on May 14.


Fox Rothschild LLP | USA | 27 Apr 2012

MFS decision upheld by Third Circuit

You will remember the MFS, Inc. jury verdict that found 4 PADEP employees in the NE Regional office liable for $6.5 million dollars for allegedly discriminating against MFS, Inc. and violating their civil rights.

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