Environmental Law

The Biden Administration Environmental Agenda So Far

By: Ted A. Warpinski and M. Andrew Skwierawski Since taking office on January 20th, President Biden has taken the expected actions to halt or slow down many of the policies of the Trump Administration. Some of these actions are global in nature, like rejoining the Paris Climate Accord to address climate change. Others could be felt locally, like...

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States Critical of EPA’s Draft Risk Evaluation for PERC

States Critical of EPA’s Draft Risk Evaluation for PERC

By: Ted A. Warpinski and M. Andrew Skwierawski On May 4, 2020, the U.S. Environmental Protection Agency (“EPA”) published a notice of its draft risk evaluation for PERC (Perchloroethylene), seeking public comment on the same. Prompted by a requirement in the Toxic Substances Control Act (TSCA), the EPA performs a risk evaluation to determine...

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COVID-19 Era Environmental Compliance

By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, the United States Environmental Protection Agency (USEPA) issued guidance on how it intends to handle environmental compliance obligations that may be impacted by the COVID-19 Pandemic.  A link to our update on that guidance can be found here.  At that time, we expected that the...

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EPA Issues Guidance on Enforcement Discretion During COVID-19 Pandemic

By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, EPA issued the policy document entitled "COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program." The policy document addresses situations where compliance with environmental obligations may not be "reasonably practicable" due to COVID-19. The policy is...

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EPA Finalized Navigable Waters Protection Rule

EPA Finalized Navigable Waters Protection Rule

By: Elizabeth K. Miles On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army finalized the Navigable Waters Protection Rule (www.epa.gov/nwpr).  This new rule replaces the 2015 Waters of the United States Rule, which was repealed in October, 2019.  If implemented, this rule would significantly affect the...

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Local Government Environmental Cost Recovery Tools

Local Government Environmental Cost Recovery Tools

By: Ted A. Warpinski & Todd Farris Many local governmental units (“LGUs”) may still be dealing with old municipal dumps and most have abandoned contaminated properties ripe for development if sources of funds to clean them up can be identified.  It is time to look again at the tools available to recover investigative and remediation costs...

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EPA’s Updated Guidance Helpful to Buyers of Impacted WI Properties, but Wisconsin Still Lags Behind

Have You Heard About the Emerging Contaminants?

By: Ted A. Warpinski Well, it turns out they have been around for a long time but, like many industrial chemicals, it is really the knowledge about their persistence in the environment and toxic effects to people that seems to be emerging. The emerging contaminants I am writing about are known in the environmental field as PFAS, which stands for...

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Attorneys Ted Warpinski and Chris Meuler Author Wetland Permitting Article for American Bar Association Environmental and Energy Litigation Blog

Attorneys Ted Warpinski and Chris Meuler Author Wetland Permitting Article for American Bar Association Environmental and Energy Litigation Blog

Litigation attorneys, Christopher Meuler and Ted Warpinski, authored a post for the American Bar Association’s Environmental and Energy Litigation Blog. Their blog post, The Boundaries of State Assumption of Wetland Permitting Authority Get Tested, discusses the pros and cons of a delegation program authorized by section 404(g) of the Clean Water...

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EPA’s Updated Guidance Helpful to Buyers of Impacted WI Properties, but Wisconsin Still Lags Behind

New Wetlands Permit Exemptions May Help Projects Avoid Getting Bogged Down

By: Ted A. Warpinski As many landowners, developers and builders know, having to obtain a permit to dredge or fill wetlands can cause substantial delays and increased costs. Some relief is now in sight with the recently enacted Wisconsin Act 183, which became fully effective on July 1, 2018. If the exemptions apply, all that is required is a...

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