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8 Aug, 2016

Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

By |2018-04-23T18:22:19+00:00August 8th, 2016|Construction Activity, Construction Contractor Advisor, Construction Law, EPA, Midwest Agricultural Law|

Landowners and developers bogged in an EPA wetland determination were recently thrown a life line when the United States Supreme Court determined The Army Corps of Engineer's (Corps) "jurisdictional determinations" (JD) regarding wetland designations are reviewable by the court.  United States Army Corps of Engineers v. Hawkes Co. Inc. Under the Clean Water Act (CWA) landowners and developers who do not have the proper permits can face severe criminal and [...]

8 Apr, 2014

The EPA’s Final Rules on Stormwater and Erosion

By |2018-04-23T23:55:14+00:00April 8th, 2014|Construction Contractor Advisor, EPA|

On March 6, 2014, the EPA issued the Construction and Development Effluent Guidelines and standards at 40 CFR Part 450.The significance of these new rules is that the EPA elected to use best management practices (BMPs) to control stormwater and minimize soil erosion pollutant discharges instead of a numeric limit on the amount of dirt in stormwater runoff from construction sites. Under the new rule, construction site owners and operators [...]

26 Jun, 2012

A $741,000 EPA Penalty Based on a Company’s own Documents? Ouch.

By |2012-06-26T16:49:45+00:00June 26th, 2012|EPA, Penalty|

A national homebuilder was recently slapped with a $741,000.00 fine for Clean Water Act violations. This is obviously a substantial penalty, and I wonder whether it could have been avoided. The EPA filed suit against national homebuilder, Toll Brothers, alleging over 600 storm water violations. The violations were discovered through site inspections and the EPA’s review of documentation submitted by Toll Brothers. You read that correctly, documentation submitted by the [...]