Expert analysis of Virginia environmental regulations affecting waterfront properties.
Wetland permitting can be a complicated topic for Virginia property owners. There are multiple agencies involved (Federal, State and Local), plus the reference material online can be vague and even contradictory. Keep reading to better understand the potential entities and regulations impacting your situation.
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I have been following progress of a wetlands case pending in the U.S. District Court in Richmond, United States v. Chameleon, LLC & Gary V. Layne, where wetlands preservation is the central issue in this case. This case is the first time in the post-Sackett world that the federal government has brought an enforcement case in Virginia. Keep reading to learn more.
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In May 2023 the U.S. Supreme Court overturned 50 years of federal agency practice, with its decision in Sackett v. EPA. Against that backdrop, we turn our attention to Brainard v. Virginia Department of Environmental Quality (filed May 17, 2024, Loudoun County Circuit Court).
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In 2023 the U.S. Supreme Court upended 50 years of wetlands regulation when, in Sackett, it ruled that so-called "isolated" wetlands are beyond the reach of federal wetlands regulators unless a "continuous surface connection" joins the wetland to a traditional navigable water. The Chameleon case is significant as it is the first contest to play out in Virginia.
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Virginia is a "caveat emptor" state, meaning that the responsibility falls on the buyer to investigate and discover any defects in real estate property before completing a purchase. This article will explain how "caveat emptor" applies to environmental laws such as wetlands regulations.
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The U.S. Supreme Court's 2023 decision in Sackett v. EPA strips the federal government of the authority to regulate isolated wetlands. A case is working its way through a lower court in Richmond, U.S. v. Chameleon LLC and Layne, that will test how the guard rails imposed by Sackett will be applied to the EPA's and the U.S. Army Corps' authority to regulate wetlands in Virginia.
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The U.S. Supreme Court's 2023 decision in Sackett v. EPA strips the federal government of the authority to regulate isolated wetlands. A case is working its way through a lower court in Richmond, U.S. v. Chameleon LLC and Layne, that will test how the guard rails imposed by Sackett will be applied to the EPA's and the U.S. Army Corps' authority to regulate wetlands in Virginia.
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Virginia merges its Erosion and Sediment Control Program with its Stormwater Management Program and reissues the VPDES Construction General Permit.
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Attorney Bryan Peeples of the Waterfront Law Team presented at the Virginia Lakes and Watersheds Association (VLWA) annual conference earlier this month.
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