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Wednesday, 21 January 2009 10:46 |
On June 5, 2007, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) issued specific guidance, regarding the Clean Water Act (CWA) jurisdiction following the U.S. Supreme Court’s decision in the consolidated cases Rapanos v. United States and Carabell v. United States. Both the EPA and the U.S. Army Corps of Engineers accepted public comments on the Rapanos guidance until January 20, 2008. Both agencies received 66,047 public comments on the Rapanos Guidance (65,765 form letters, 282 non-form letters), from States, environmental and conservation organizations, regulated entities, industry associations, and the general public.
EPA and the Corps have reviewed the comments and have revised the guidance in consideration of those comments and consistent with our experience implementing the guidance over the past 18 months. The comments generally addressed four substantive issues and two procedural ones. The substantive areas were: the interpretation of the term “significant nexus;” the treatment of tributaries; the definition of “relatively permanent waters;” and the scope of “traditional navigable waters.” The procedural areas were: the delay in processing jurisdictional determinations and the coordination between the two agencies on jurisdictional determinations. The agencies also received comments from some on other important issues. One of these, the definition of adjacency, which has been an important implementation issue for the agencies, was also discussed in great detail. To review the complete revised guidance click on the documents below.
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Tuesday, 06 January 2009 11:59 |
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The 21st Century Transportation Committee which was established by the President Pro Tempore of the Senate and the Speaker of the House of Representatives pursuant to G.S. 120-19.6(a1), Rule 31 of the Rules of the Senate of the 2007 General Assembly, and Rule 26(a) of the Rules of the House of Representatives of the 2007 General Assembly has finalized their report that is to be presented back to the General Assembly. This report outlines possible policy changes and recommended funding solutions that could help to improve transportation in the state.
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Friday, 19 December 2008 09:48 |
COASTAL HOMEOWNERS INSURANCE INCREASESThrough the Williams Mullen Law Firm, Dare County, the Town of Nags Head, Starco Realty & Construction, Inc., and Joseph M. Geraghty have initiated four separate legal proceedings, including a lawsuit and an appeal to the North Carolina Court of Appeals, challenging Beach/FAIR Plan RATE INCREASES as approved by the NC Department of Insurance.
These increases were submitted by the North Carolina Insurance Underwriters Association (Beach Plan) and the North Carolina Joint Underwriters Association (FAIR Plan), but RECEIVED NO PUBLIC HEARING. Due to the significant impacts these increases will have on coastal citizens, Dare County and the plaintiffs are acting in multiple forums. In addition to the lawsuit and appeal, they have requested hearings before the representatives of the Beach/FAIR plans and the Insurance Commissioner. They contend that constitutional, statutory and administrative errors were committed in approving the increases.
In addition to the parties initiating the challenges, Dare County, the Town of Nags Head, Starco Realty & Construction, and Joseph “Duke” Geraghty, a number of other coastal counties and municipalities are being solicited to join the legal challenges due to the impacts the increases will have on homeowners, businesses, and local governments within our coastal communities. A number of those local governments, including the Town of Southern Shores, the Town of Duck, Currituck County and Washington County, have already agreed to join the challenges as named parties and to provide financial support.
Currently we are dealing with two separate homeowners insurance issues. To see the full scope of the issues at hand visit our Call to Action page. If you have any questions about this fact sheet please feel free to give BASE Governmental Affairs staff a call at (910) 799-2611.
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