Opportunities to Get Involved |
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VSB Environmental Law Section invites Virginia's law students to attend a virtual session |
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Coffee with Secretary Voyles Wednesday, April 5, 12–1 pm |
Acting Secretary of Natural and Historic Resources Travis A. Voyles will speak about his current role, his career as a lawyer, and various environmental law issues in the Commonwealth, followed by a Q&A session.
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Serve on the Board of Governors |
Submit a nomination before April 28 to be considered for a seat on the Environmental Law Section Board of Governors for a four-year term beginning July 1, 2023. Please include a statement of interest and a CV in your application email. Questions about expectations? |
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End-of-Year Board Meeting
May 31, 2023 in Richmond
More info coming soon! |
| Join board members and other section members for the end-of-year meeting where you can: - vote on nominated board members for Bar Year 2023-2024,
- see what the board has planned for the upcoming year, and
- network with other section members and board members over lunch.
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The Good Neighbor Plan ensures that Virginia, along with 22 other states, meets the Clean Air Act’s “Good Neighbor” requirements to reduce pollution that contributes to problems attaining and maintaining EPA’s health-based air quality standard for smog. |
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If finalized, the proposed regulation will require public water systems to monitor for these chemicals. It will also require systems to notify the public and reduce PFAS contamination if levels exceed the proposed regulatory standards. EPA is requesting public comment on the proposed regulation. |
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EPA’s proposed rule would establish more stringent discharge standards for wastewater generated at coal-fired power plants including flue gas desulfurization wastewater, bottom ash transport water, and combustion residual leachate. The proposed rule also addresses wastewater produced by coal-fired power plants that is stored in surface impoundments such as ash ponds. EPA will hold virtual public hearings on the proposed rule on April 20 and 25, 2023. |
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The Biden-Harris Administration announced a $47.5 million award to Virginia for communities to use to upgrade water infrastructure that protects public health and treasured water bodies. The City of Fredericksburg and Stafford County’s Little Falls Run wastewater treatment plants are expected to receive a substantial portion of these funds for upgrades, expansion, and overall improvements to the plants. |
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This guidance seeks to describes how DEQ will ensure meaningful involvement and fair treatment in environmental permitting. DEQ is accepting informal public comment via email on this guidance through May 1, 2023. |
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The U.S. Bankruptcy Court, Eastern District of Virginia held that a claim arising from a new federal statute that was passed after the date of a Chapter 7 bankruptcy petition did not have to be included in the bankruptcy estate. The voluntary bankruptcy petition was filed on July 19, 2022, the statute was enacted on August 10, the debtor’s discharge was filed on October 19, and the case was closed on October 24. The debtors filed a motion to reopen the case and file updated schedules to disclose the new claim. The court held that the bankrupt estate had no right to payment of the claim as of the petition date, and that the claim is thus not an asset that could be administered by a Chapter 7 trustee. |
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The Bristol Virginia Utility Authority (BVUA) was established by the Virginia General Assembly to provide utility services to localities in Virginia and Tennessee. A former employee sued BVUA for wrongful termination, and BVUA sought to assert sovereign immunity as a bar to the suit. The U.S. District Court for the Western District held that since payment of any judgment would be by BVUA and not by the Commonwealth, BVUA was not an arm-of-the-state and thus not entitled to sovereign immunity. The motion to dismiss for lack of jurisdiction was denied. |
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A 1966 easement provided access for two non-waterfront lots to Lake Barcroft in exchange for constructing certain improvements. Following construction of the improvements, a pontoon boat owned by the non-waterfront lot owners was tied to the retaining wall with the permission of the owner of the waterfront lot (the easement said nothing about docking a boat). This practice continued over the intervening years, as each of the lots was conveyed to multiple new owners. The waterfront lot was sold in 1970 and again in 1976. When the waterfront lot was purchased in 2017, the new owners demanded that the current non-waterfront lot owners remove the pontoon boat. They refused, and litigation ensued.
The court held that although the docking initially was permissive, there was no evidence that subsequent owners of the waterfront lot granted permission for the docking. The use for docking was open, visible, and continuous for more than 20 years. The burden is on the current owner of the waterfront lot to show the use was permissive and not hostile, and there was no such evidence. |
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Citing a 2018 Supreme Court of Virginia case that was virtually on point, the City of Hopewell Circuit Court found that the Virginia statute regarding the duty of a landlord with respect to visible mold (VA CODE §8.01-226.12) did not abrogate the common law. The landlord’s demurrers to the tenant’s tort claims were denied. |
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We welcome your submissions! If you have written a relevant article or brief, please send a link and an overview to mralston@vsb.org. |
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| Environmental Law Section Newsletter Organizers
Kathleen M. Hennessey Newsletter Editor
Joe Romero Section Chair
Cliona M. Robb Immediate Past Chair
Michael W. McLaughlin Board of Governors
Peyton Farley Regulatory Content Contributor |
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Stay connected to the VSB. |
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