Comments for Virginia Environmental Law Blog http://vaenvironmentallaw.com Legal and regulatory issues on Virginia Environmental Law Fri, 24 Jun 2011 18:25:03 +0000 hourly 1 http://wordpress.org/?v=3.1.3 Comment on At Long Last, Virginia’s Stormwater Regulations are Approved by Anne Hewitt http://vaenvironmentallaw.com/2011/05/27/at-long-last-virginias-stormwater-regulations-are-approved/comment-page-1/#comment-284 Anne Hewitt Fri, 24 Jun 2011 18:25:03 +0000 http://vaenvironmentallaw.com/?p=193#comment-284 Regulations are one thing. Enforcement is another, especially for the extensive railroad contruction planned for Virginia. Railroads and utilities are exempt from local oversight. Norfolk Southern did a mile of land disturbance on local project and did not submit proper site specific ESC plans for excessive land and did not comply with their own general plan. This was in riparian area with steep grades. When DCR was notified, they did not sanction the railroad. Regulations are one thing. Enforcement is another, especially for the extensive railroad contruction planned for Virginia.

Railroads and utilities are exempt from local oversight. Norfolk Southern did a mile of land disturbance on local project and did not submit proper site specific ESC plans for excessive land and did not comply with their own general plan. This was in riparian area with steep grades. When DCR was notified, they did not sanction the railroad.

]]> Comment on Virginia’s revised WIP submitted…but will it be enough? by Daniel http://vaenvironmentallaw.com/2010/12/02/virginia%e2%80%99s-revised-wip-submitted-but-will-it-be-enough/comment-page-1/#comment-133 Daniel Mon, 31 Jan 2011 02:00:57 +0000 http://vaenvironmentallaw.com/?p=128#comment-133 From a rather cursory look at the new WIP, it does not go nearly far enough. Already, Gov. McDonnell is falling behind in the implementation of even some of the least arguable steps. I did want to also ask you, what is your legal opinion on this question: would overturning the ability of the rights of HOA's to restrict private home owners from installing solar panels on their private property be in violation of the VA Constitution? From a rather cursory look at the new WIP, it does not go nearly far enough. Already, Gov. McDonnell is falling behind in the implementation of even some of the least arguable steps.

I did want to also ask you, what is your legal opinion on this question: would overturning the ability of the rights of HOA’s to restrict private home owners from installing solar panels on their private property be in violation of the VA Constitution?

]]> Comment on EPA Sediment Limits and Virginia’s “Pollution Diet” Planning by Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson http://vaenvironmentallaw.com/2010/08/18/epa-sediment-limits-and-virginia-pollution-diet/comment-page-1/#comment-83 Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson Mon, 04 Oct 2010 12:53:55 +0000 http://vaenvironmentallaw.com/?p=81#comment-83 [...] EPA Sediment Limits and Virginia’s “Pollution Diet” Planning [...] [...] EPA Sediment Limits and Virginia’s “Pollution Diet” Planning [...]

]]> Comment on DEQ Report Card Muddys the Waters by Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson http://vaenvironmentallaw.com/2010/08/25/deq-report-card-muddys-the-waters/comment-page-1/#comment-82 Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson Mon, 04 Oct 2010 12:47:23 +0000 http://vaenvironmentallaw.com/?p=93#comment-82 [...] DEQ Report Card Muddys the Waters [...] [...] DEQ Report Card Muddys the Waters [...]

]]> Comment on EPA Sediment Limits and Virginia’s “Pollution Diet” Planning by Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson http://vaenvironmentallaw.com/2010/08/18/epa-sediment-limits-and-virginia-pollution-diet/comment-page-1/#comment-81 Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson Mon, 04 Oct 2010 12:46:13 +0000 http://vaenvironmentallaw.com/?p=81#comment-81 [...] states watershed implementation plan (“WIP”). We’ve covered the regulatory discussions here and [...] [...] states watershed implementation plan (“WIP”). We’ve covered the regulatory discussions here and [...]

]]> Comment on EPA Sediment Limits and Virginia’s “Pollution Diet” Planning by Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson http://vaenvironmentallaw.com/2010/08/18/epa-sediment-limits-and-virginia-pollution-diet/comment-page-1/#comment-80 Virginia Environmental Law Blog :: VA Environmental Attorneys :: Sands Anderson Mon, 04 Oct 2010 12:11:29 +0000 http://vaenvironmentallaw.com/?p=81#comment-80 [...] meetings this fall to discuss the draft Chesapeake Bay Total Maximum Daily Load (TMDL), the strict “pollution diet” to restore local waters and the Chesapeake Bay. The draft Bay TMDL will be issued on Sept. 24, [...] [...] meetings this fall to discuss the draft Chesapeake Bay Total Maximum Daily Load (TMDL), the strict “pollution diet” to restore local waters and the Chesapeake Bay. The draft Bay TMDL will be issued on Sept. 24, [...]

]]> Comment on EPA Sediment Limits and Virginia’s “Pollution Diet” Planning by Timothy R. Hughes http://vaenvironmentallaw.com/2010/08/18/epa-sediment-limits-and-virginia-pollution-diet/comment-page-1/#comment-22 Timothy R. Hughes Mon, 23 Aug 2010 15:36:35 +0000 http://vaenvironmentallaw.com/?p=81#comment-22 Interesting topic and very nice post Ann. We had talked about this generally last week: Stormwater Regulations: Biggest Development Impediment You Have Never Heard Of http://bit.ly/cCohZu As soon as I posted it, I got a note from ABC talking about EPA's decision to withdraw it effluent limitation for further analysis. I wrote on that today and linked your post: EPA Withdraws Significant Portion of Storm Water Regulations in Court Case http://bit.ly/9iijoN It is pretty remarkable how muted discussion regarding this topic has been, especially if NAHB/ABC are even close to correct in their estimates of up to $10 billion annual price tag. Interesting topic and very nice post Ann.

We had talked about this generally last week:
Stormwater Regulations: Biggest Development Impediment You Have Never Heard Of
http://bit.ly/cCohZu

As soon as I posted it, I got a note from ABC talking about EPA’s decision to withdraw it effluent limitation for further analysis. I wrote on that today and linked your post:
EPA Withdraws Significant Portion of Storm Water Regulations in Court Case http://bit.ly/9iijoN

It is pretty remarkable how muted discussion regarding this topic has been, especially if NAHB/ABC are even close to correct in their estimates of up to $10 billion annual price tag.

]]> Comment on EPA Sets Accountability Framework for Chesapeake Bay cleanup by Len Hnat http://vaenvironmentallaw.com/2009/12/31/epa_sets_accountability_framework_for_chesapeake_bay_cleanup/comment-page-1/#comment-17 Len Hnat Tue, 30 Mar 2010 19:50:05 +0000 http://vaenvironmentallaw.com/?p=48#comment-17 Your site is a breath of fresh air when compared to the usual rubbish I study on solar technology. There's a lot of scams on the market. Thank you for helping me out. Your site is a breath of fresh air when compared to the usual rubbish I study on solar technology. There’s a lot of scams on the market. Thank you for helping me out.

]]> Comment on Proposed Stormwater Regs May Not Be Sufficient by Norman Spadafora http://vaenvironmentallaw.com/2009/08/12/proposed-stormwater-regs-may-not-be-sufficient/comment-page-1/#comment-15 Norman Spadafora Tue, 30 Mar 2010 19:50:04 +0000 http://vaenvironmentallaw.com/?p=26#comment-15 I've enjoyed reading these types of blogs. Exciting stuff! Solar energy has constantly been a fascination with me. I’ve enjoyed reading these types of blogs. Exciting stuff! Solar energy has constantly been a fascination with me.

]]> Comment on Can We Clean Up the Chesapeake Bay? by Melissa http://vaenvironmentallaw.com/2009/09/29/can-we-clean-up-the-chesapeake-bay/comment-page-1/#comment-4 Melissa Sun, 21 Feb 2010 03:54:36 +0000 http://vaenvironmentallaw.com/?p=32#comment-4 I like the site. Cheers. I like the site. Cheers.

]]> Comment on Can We Clean Up the Chesapeake Bay? by Duane http://vaenvironmentallaw.com/2009/09/29/can-we-clean-up-the-chesapeake-bay/comment-page-1/#comment-3 Duane Sun, 21 Feb 2010 03:54:01 +0000 http://vaenvironmentallaw.com/?p=32#comment-3 greetings, just came across this site. greetings, just came across this site.

]]> Comment on EPA Sets Accountability Framework for Chesapeake Bay cleanup by grant 360 http://vaenvironmentallaw.com/2009/12/31/epa_sets_accountability_framework_for_chesapeake_bay_cleanup/comment-page-1/#comment-2 grant 360 Tue, 02 Feb 2010 08:24:03 +0000 http://vaenvironmentallaw.com/?p=48#comment-2 Really great site that you have built good info thanks. Really great site that you have built good info thanks.

]]> Comment on Proposed Stormwater Regs May Not Be Sufficient by Gary Chafin http://vaenvironmentallaw.com/2009/08/12/proposed-stormwater-regs-may-not-be-sufficient/comment-page-1/#comment-1 Gary Chafin Tue, 08 Dec 2009 13:06:36 +0000 http://vaenvironmentallaw.com/?p=26#comment-1 On what legal doctrine is current regulation of drainage in Virginia based? Is it the Common Enemy doctrine, the civil law rule, the reasonable use rule or a mixture. The next question would be whether the new regulations contemplated would affect the legal doctrines currently used? On what legal doctrine is current regulation of drainage in Virginia based? Is it the Common Enemy doctrine, the civil law rule, the reasonable use rule or a mixture. The next question would be whether the new regulations contemplated would affect the legal doctrines currently used?

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