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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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Protecting Against Environmental Risk in Changing Climates

Construction Business Owner

Already expecting a downturn, the commercial construction industry was further impacted when COVID-19 either delayed or shuttered projects nationwide and a seemingly endless barrage of storms caused more than $95 billion in damages across the United States alone.

Risk 368
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#126:  The Federal False Claims Act

NH Construction Law

The federal False Claims Act (FCA), 31 U.S.C. § imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. Supreme Court in United States ex rel. In United States ex rel.

Claims 40
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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.,

Claims 54
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Does Your Construction Business Need Employment Practices Liability Insurance?

Construction Business Owner

The United States Equal Employment Opportunity Commission received 84,254 discriminatory employment practices complaints last year. In addition to lawsuits filed by private citizens, claims filed by federal, state and city regulators are causing more businesses to purchase Employment Practices Liability Insurance (EPLI).

Liability 209
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#95:  Are Miller Act Claims Arbitrable?

NH Construction Law

in the United States District Court for any district in which the contract was to be performed and executed.” United States ex rel. Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. ” 40 U.S.C. §

Claims 40