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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. There has been obfuscation of what “waters of the United States.” 715 (2006).

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Can A Construction Contractor Email Notice of a Claim? Maybe!

Best Practices Construction Law

In United States ex rel. of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. The payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment. Cummins-Wagner Co.,

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Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Best Practices Construction Law

In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., Falsely claiming to have submitted a Technical Assistance Agreement to the Directorate of Defense Trade Controls. under Contract No.

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Water is the Most Important ESG Factor

Green Building Law Update

In the Old Testament when Isaac attempts to dig anew his father’s wells the shepherds of the wadi Gerar, claim, “the water is ours” forcing the patriarch to move on to dig a well elsewhere. And while the right to water is today a momentous global problem, it is also a serious dilemma in the United States.

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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.

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FTC Order Restricts use of “All Natural”

Green Building Law Update

However, the FTC is clear that “marketers must identify all express and implied claims that the advertisement reasonably conveys” and “ensure that all reasonable interpretations of their claims are truthful.” The website still claims the Sunscreen SPF 30 is “all natural.” 62125 (2012).

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