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EPA Rolls Back Proposed “Waters of the United States” Definition

Green Building Law Update

Last Thursday the EPA and Department of the Army announced that the agencies are repealing a 2015 rule that had proposed to expand the definition of “waters of the United States” under the Clean Water Act. there are some states, tribal and local governments with their own definitions of jurisdictional waters).

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Back to the Future with “Navigable Waters of the United States”

Green Building Law Update

Department of the Army finalized a rule adding an applicability date to the 2015 Rule (that never went into effect) defining “waters of the United States.”. United States , 547 U.S. Further, the Order directs the agencies to consider interpreting the term “navigable waters,” as defined in 33 U.S.C. 715 (2006).

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Phase l Environmental Site Assessment Standard Being Revised

Green Building Law Update

million commercial and industrial real estate transactions in the United States each year, so you need to be aware of the revised standard expected to be issued later this year. This is hugely significant because a Phase l Environmental Site Assessment is conducted in the vast majority of the 5.6 9601) and petroleum products.”

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Two Creeks, a Marsh and Two Lakes Sue a Florida Real Estate Developer

Green Building Law Update

That legal doctrine was brought to bear when on January 8, 2021, this defendant Beachline made a permit application to the state Florida, including, requesting authorization to fill in approximately 115 acres of Orange County waters for a construction of a mixed use residential and commercial retail development on approximately 1,923 acres.

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Revoking the Migratory Bird Treaty Act Incidental Take Rule, Once Again

Green Building Law Update

Fish and Wildlife Service announced a proposed rule to restore criminal penalties for accidental killing of migratory birds, revoking the January 7, 2021, final regulation that limited the enforcement of the 1918 Migratory Bird Treaty Act. Last week, the U.S. But criminalizing housecats bird kills does not make a good public policy.

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A Call for Comprehensive and Clearer ESG Disclosures

Green Building Law Update

While the idea of ESG began in 2004 with a United Nations initiative to influence capital in non Western markets, in 2021 the legal and political institutions in the United States and the EU are demanding those ideas be implementing with due haste. If each country (. If each country (.

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Blockchain has come to Real Estate

Green Building Law Update

Real estate is a highly regulated industry and real estate transactions must be recorded in a government ledger to be recognized and enforceable by all. There is no requirement for a cryptocurremncy exchange in a business transaction undertaken with a smart contract stored over the peer to peer network that is blockchain.

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