wetlands

The Trump Administration completed the second step of its two-step dance to replace the controversial 2015 Waters of the United States (“WOTUS) rule when it published the “Navigable Waters Protection Rule (“Step Two Rule”) in the April 21, 2020 issue of the Federal Register. The final rule which was issued jointly by the federal Environmental …

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New DEC Interactive Map Expedites Environmental Due Diligence

Performing environmental due diligence has become easier with the launch of the New York State Department of Environmental Conservation DECInfo Locator. Until the launch of this website, consultants and attorneys seeking information about contaminated sites had to file requests under the state Freedom of Information Law (FOIL). The limited NYSDEC FOIL staff usually took weeks …

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NYC Receives Grant from Regional Economic Council For Brownfield Grant Program

Empire State Development (ESD) recently announced $738 million in funds have been awarded through Round Two of the Regional Economic Development Council initiative.  Regional Councils were put in place in 2011 to redesign the state’s approach to economic development from a top-down model to a community-based, performance-driven approach. One of the awards is a $500K …

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Split Decision for NJ Owner in Floodplain Case

In the wake of increased damage from storms as well as growing recognition of the environmental benefits of floodplains, states are increasingly limiting development in areas that are prone to flooding during storms. This regulatory trend sometimes conflicts with state and federal historic preservation programs where historic building may be located in areas that are …

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Appeals Court Reverses Judgment For Seller Who Failed To Disclose Wetlands on Disclosure Form

We have reviewed several cases where sellers have been held liable for failing to adequately disclose environmental conditions in mandated property condition reports even where the property is sold “as is”. Another example is Wise v. Hays, 943 N.E.2d 835 (Ind. Ct. App. 2011), a state appeals court reversed a grant of summary judgment  in …

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Court allows Claim To Proceed Against Home Builder For Failing To Disclose Wetlands

In Stalvey v. NVR, Inc., 2012 U.S. Dist. LEXIS 2506 (N.D. Ohio 1/09/12), the plaintiffs entered into an Ohio Purchase Agreement with defendant for the construction and purchase of a house. As part of the Agreement, defendant provided plaintiff with a Topographic Survey & Improvement Plan that did not depict the presence of wetlands on …

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Corps Announces New and Reissued Nationwide Permits.

The Army Corps of Engineers recently reissued its 48 existing nationwide general permits (NWPs) and issued two new NWPs to facilitate renewable energy projects (77 FR 10184, 2/21/12). The reissued and new NWPs became effective on March 19th and will expire on March 18, 2017. The NWPs contain three new general conditions. However, activities authorized …

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An Unusual Wetlands Case

In most wetlands cases, landowners are challenging determinations by the Army Corps of Engineers (Corps) that wetlands are present on their property. However, in Deerfield Plantation Phase II-B Property Owners Association v Army Corps of Engineers , 2011 U.S.Dist. LEXIS 75766 (D.S.C. 7/12/11), the plaintiffs argued that the Corps improperly determined that only a fraction of …

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