How to Effectively Navigate Your Project Around (Or Through) Risks Liability under environmental, health, and safety laws is a potential risk no matter your industry – from aerospace to chemical manufacturing, ports and transportation services to U.S. armed forces, developers and attorneys to federal, state and local governments. For example, when drilling for a development […]
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The Evolving PFAS Landscape
Regulatory approaches vary from state to state. History and Pending Federal Oversight Per- and polyfluoroalkyl substances (PFAS) continue to gain regulatory attention across the country since being added to the US EPA’s Unregulated Contaminant Monitoring Rule list in 2012. On February 14, 2019, U.S. EPA released the PFAS Action Plan, which addressed potential inclusion of […]
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Part 1 of 3: Five Tips for Successfully Navigating Compensatory Mitigation
How to Keep your Project on Track when Mitigation is Required Is there a stream, wetland, or other aquatic resource (e.g. pond) on your project site? You’ll need to do some proactive legwork if you suspect your project will impact water resources regulated by the US Army Corps of Engineers (Corps) or waters of the […]
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Part 2 of 3: Should You Purchase Credits from a Mitigation Bank or In-Lieu Fee Program?
Top 4 Purchasing Benefits If your project’s plan to avoid and reduce adverse impacts to water resources isn’t enough and impacts are unavoidable and above regulatory pre-set thresholds – you will be responsible for compensatory mitigation. In other words, you must compensate for the form and amount of impact the Corps or other regulatory agency […]
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Part 3 of 3: What to Do If Permittee-Responsible Mitigation is Your Only Route
A plain language explanation of the PRM process When your project’s impacts to water resources are unavoidable and above regulatory pre-set thresholds, you are responsible for compensatory mitigation. We reviewed in Part 1 how to navigate the process, and in Part 2 why purchasing mitigation bank or in-lieu fee program credits are the Corps’ preferred methods. There […]
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