News + Insights

Navigating Wetlands in Coastal North Carolina Real Estate Development

Written By Amy P. Wang

The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the rece…

A Year in Review: Ward and Smith's Most Read Legal Insights in 2024

As we prepare to close out 2024, we’re taking a moment to reflect on the articles that captured the attention of our readers this year. From legal insights to practical advice, these pieces tackled critical issues w…

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

Written By Amy P. Wang

Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving lan…

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Written By Amy P. Wang

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps…

Trespassers? How to Protect Your Farm Against Unwelcome Strangers

Written By Jane Francis Nowell and Clifford P. Parson

Discovering unauthorized persons on your farm is a growing problem.  Such unauthorized entry could include media news teams filming farm operations, environmental activists seeking to identify violations of various w…

Biden Administration Revitalizes and Advances the Federal Government's Commitment to Environmental Justice

Written By Amy P. Wang

On April 21, 2023, the eve of Earth Day, President Biden continued his Administration's spotlight on environmental justice issues by signing Executive Order 14096, entitled "Revitalizing Our Nation's Commitment to Environm…

WOTUS Whiplash 4.0: The Revised Definition of "Waters of the United States"

Written By Amy P. Wang

It's that song in your head that you can't stop hearing.  On March 20, 2023, the 500-plus page final Revised Definition of "Waters of the United States" ("2023 WOTUS Rule" or "Rule") went into effect, published joint…

Final(ly) Adoption by the US EPA of Revised Standards and Practices for All Appropriate Inquiries

Written By Mary V. Cavanagh and Amy P. Wang

The United States Environmental Protection Agency ("EPA") adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022.  The updated standard adds more refined investigation …

Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses

Written By Justin M. Lewis and Amy P. Wang

Developers in North Carolina must obtain numerous permits from various governmental agencies before constructing a planned community or developing condominiums.  Most construction permits end by their terms upon comp…

Installation and Use of Solar Power Systems in North Carolina

Written By Eric J. Remington

Approximately twenty-five percent of North Carolinians live in a planned community where the restrictive covenants are administered by a homeowners association ("HOA").  If you live in North Carolina, you likely have…

Environmental Justice 101: Leveling the Playing Field in the Permitting Process

Written By Amy P. Wang

The concept of "environmental justice" (or "EJ" among environmental practitioners) is not new.  It developed in response to the inordinate number of industrial facilities and contaminated sites located near underrepr…

WOTUS Whiplash

Written By Amy P. Wang

The ongoing saga of how to define "waters of the United States" (WOTUS) continues.  In this latest installment, we have, in effect, time-traveled back to 2008.  The United States Environmental Protection Agency …

State Stormwater Program Amendments Significant for Those Affected by Post Construction Stormwater Permits

Written By Amy P. Wang

Extensive changes to North Carolina's stormwater runoff statute went into effect on September 16,2021 as part of Session Law 2021-158. The Stormwater Program amendments are embedded in an environmental omnibus b…

WOTUS Encore: The Fate of the Navigable Waters Protection Rule and Implications for Groundwater

Written By Amy P. Wang

It seems like yesterday, but it was actually last summer when the United States Environmental Protection Agency and Army Corps of Engineers published the Navigable Waters Protection Rule, effective June 22, 2020 (the "Ru…

Replacing the Clean Water Rule – Is the Dance Really Over?

Written By Amy P. Wang

On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017 by publi…

Environmental Enforcement Discretion Guidance from U.S. EPA for COVID-19 Disruptions

Written By Amy P. Wang

On Thursday, March 26, 2020, the U.S. Environmental Protection Agency ("EPA") published guidance for how it will enforce environmental legal obligations during the COVID-19 pandemic.  The temporary policy, which is r…

EPA Can Help You Keep It Clean in a World with COVID-19

Written By Amy P. Wang

Virus-killing myths, like gargling salt water, are floating around as fast as toilet paper has flown off the grocery store shelves.  When those shelves are restocked, what is effective for cleaning surfaces in reside…

The Longest Dance – The WOTUS Two-Step

Written By Amy P. Wang

We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act.  The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed st…

Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?

Written By Amy P. Wang

The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surf…

Brownfields Redevelopment Receives Boost Under the BUILD Act

Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide.  The attraction to dense, urban communities offering work/live/play opportunities and away from suburban livi…

New Coastal Stormwater Program Variances May Benefit Community Associations

Written By Amy P. Wang

In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the Governor's veto that includes relaxation of environmental provisions.  This…

Special Bulletin: Gov. Cooper Signs Hurricane Relief Package into Law

Written By Whitney Campbell Christensen, James W. Norment, and Amy P. Wang

On Monday, October 15, the North Carolina General Assembly voted during a Special Session to approve Senate Bill 3, which appropriated an unprecedented $794 million in state funds for Hurricane Florence relief. Roughly ha…

Hurricane Florence – Emergency CAMA Permits Available

It's been two weeks since the full force of Hurricane Florence squarely hit the eastern North Carolina coast from New Bern to Wilmington and all parts in between.  As we struggle to find a new normal and address reco…

The Reach of the Clean Water Act Takes a Dive into Groundwater

Written By Amy P. Wang

Can the law that protects the quality of the nation's waters seep into groundwater below the surface? According to the United States Court of Appeals for the Fourth Circuit, which includes North Carolina in its jurisdicti…

Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

Written By Joanne H. Badr

Your business has taken off, and you've been searching for that perfect 7,500 square foot building on an acre of land close to town, with parking and a view, and you've finally found it.  Mission accomplished, right?…

The 2018 North Carolina Chamber Environmental Compliance Conference

Written By Amy P. Wang

The North Carolina Chamber hosted its annual Environmental Compliance Conference on February 1, 2018, in Durham. North Carolina leaders were on hand to provide updates and advice on environmental compliance regarding air, …

Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses

Written By Amy P. Wang

Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without a named storm, causes property to saturate…

NC Oyster and Marine Aquaculture Makes a Splash

Written By Allen N. Trask, III and Amy P. Wang

North Carolina is prioritizing the marine fisheries and oyster industries to provide growth opportunities for non-urban coastal communities.  Activities in the North Carolina House of Representatives and Senate during…

The Long Goodbye: General Assembly's 2017 Long Session Ends, But Additional Fall Sessions Remain

Written By Whitney Campbell Christensen and James W. Norment

In the early morning hours of June 30th, the North Carolina General Assembly adjourned its 2017 Long Session after a lengthy night of debate, negotiation, and casting votes.  This year's adjournment date marks the sec…

"Waters of the United States" - Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?

Written By Amy P. Wang

Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order dire…

New Stormwater Rules Effective January 1, 2017

Written By Amy P. Wang

Stormwater management is a concern across the country.  The United States Environmental Protection Agency renewed municipal stormwater as one of its National Enforcement Initiatives.  North Carolina is no differe…

Wet Weather Regulations Now More Expensive Under EPA's Industrial Stormwater Settlement Penalty Policy

Written By Amy P. Wang

Heavy and consistent rainfall this summer, even before Tropical Storms Hermine and Julia and Hurricane Matthew, produced a tremendous amount of stormwater.  Grass swales were too saturated to allow infiltration, and r…

Just Compensation for Contaminated Land

Written By Eric J. Remington

When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive "just compensation" for the property.  In North Caroli…

Hurricane Matthew – Emergency Permits After North Carolina State of Emergency

Written By Amy P. Wang

UPDATE 10/12/16 Coastal property owners who need to replace docks, piers, bulkheads, or similar structures damaged by Hurricane Matthew along sounds, rivers, and creeks may be able to do so quickly by using an emergency ge…

Municipalities, Farmers, and Manufacturers Targeted by EPA's New Enforcement Initiatives

Written By Amy P. Wang

Municipalities and those involved in animal feeding and food manufacturing operations take heed: heightened EPA scrutiny is coming your way! Every three years, the U.S. Environmental Protection Agency ("EPA") selects Nati…

Stormwater Rules Get Another Facelift

Written By Amy P. Wang

On February 15, 2016, the North Carolina Environmental Management Commission ("EMC") published proposed changes to various stormwater rules.  The public hearing process is currently underway, and the public has throug…

Clean Water Rule: All Washed Up for Now

Written By Amy P. Wang

On Friday, October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued an Order halting the application of the new Clean Water Rule nationwide. The decision was issued in the action in which the North …

Is The New Clean Water Rule A Cleaner Way To Predict Federal Jurisdiction Over Property Or Does It Just Muddy The Waters?

Written By Amy P. Wang

Introduction On August 28, 2015, a new rule issued by the United States Environmental Protection Agency ("EPA") and the Army Corps of Engineers (the "Corps") became effective.  The new rule is intended to redefine th…

Fracking—One Step Closer To Reality In North Carolina

Written By Amy P. Wang

The North Carolina Rules Review Commission ("RRC") recently approved 107 new rules proposed by the state's Mining and Energy Commission, putting North Carolina one step closer to gas drilling by hydraulic fracturing. …