Despite the continuing impact of the COVID-19 pandemic, including lockdowns, vaccinations, and containment and relief efforts, the 2021 Session of the Virginia General Assembly produced a number of environmental protection initiatives. Building on the 2020 Virginia Clean Economy Act (VCEA),… Read more
During its 2020 Session, the General Assembly passed and Governor Northam signed into law HB 1526/SB 851, the Virginia Clean Economy Act (VCEA or Act). The VCEA codified the clean energy directives included in Executive Order 43, issued in September… Read more
The future of utility-scale solar facilities in Virginia is bright, and has brightened even more lately. The General Assembly recently adopted an ambitious goal of achieving carbon neutrality by 2045. As a result, Virginia’s major publicly traded energy companies and… Read more
A company in the formative stages of locating, permitting, and constructing any substantial industrial or commercial project needs to be keenly aware that the legal and regulatory landscape related to environmental justice is changing in Virginia. We anticipate that change… Read more
On April 23, 2020, the United States Supreme Court published a 6-3 opinion in County of Maui v. Hawaii Wildlife Fund holding that the Clean Water Act, (CWA or Act) requires a permit when there is a direct discharge of… Read more
On November 19, 2013, the EPA released its 2014-2018 draft strategic plan (the “Plan”) seeking public comments until January 3, 2014. The 86 page plan lays out five strategic goals and identifies individual goals and objectives within each of the… Read more
On March 25, 2014, the U.S. EPA and the U.S. Army Corps of Engineers jointly announced a proposed rule that, if finalized, would revise the scope of the Clean Water Act (CWA) by expanding its jurisdictional reach to some tributaries,… Read more
A recent case out of the Southern District of New York highlights, once again, the expansive reach of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) also known as Superfund. In APL Co. LTD v. Kemira Water… Read more
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