In accordance with section 404(e) of the Clean Water Act (the “CWA”) and section 10 of the Rivers and Harbors Act of 1899, the U.S. Army Corps of Engineers (the “Corps”) adopted a general permitting process to address limited common discharges of dredged or fill material into jurisdictional “waters of […]
Dirt Alert
The D.C. Circuit Vacated the Reporting Exemption for Farms under CERCLA and the Emergency Planning and Community Right-to-Know Act
Waterkeeper Alliance v. EPA, No. 09-1017 (D.C. Cir. April 11, 2017). The D.C. Circuit Court of Appeals vacated the EPA’s final rule exempting farms from statutory reporting requirements for air releases from animal waste. Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) and the Emergency Planning […]
Proposed Changes to the Property Assessed Clean Energy Act
Legislative Bill 625 proposes several changes to the Property Assessed Clean Energy Act (“PACE”). PACE allows municipalities to finance the installation of energy efficiency improvements and renewable energy systems following the adoption of ordinances creating clean energy assessment districts. PACE benefits the consumer and community by allowing energy efficiency improvements […]
Guidance on Historic Tax Credits by Pass-through Entities
On March 7, 2017, the Nebraska Department of Revenue issued guidance on the use of state historic tax credits by owners of pass-through entities. The Nebraska Job Creation and Mainstreet Revitalization Act (the “Act”) established tax credits for applicants to rehabilitate historically significant property. The guidance under the Act provides […]
105th Nebraska Legislature Bill Introduction
March 8, 2017, is Day 43 of the 1st Session of the 105th Nebraska Legislature. The full body has achieved very little, but committee hearings are in full swing. Here is a list of recent or upcoming relevant committee hearings and our positions on behalf of our clients: Tax Increment […]