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ENVIRONMENTAL ISSUES AFFECTING THE CONSTRUCTION INDUSTRY

17th Annual Construction Law Conference

March 4 & 5, 2004
Dallas, Texas

Pamela M. Giblin
Matthew G. Paulson

Baker Botts L.L.P.
Austin, Texas




Abstract

. Environmental laws and regulations implemented over the last 35 years have resulted in many new issues that should be considered by construction contractors and developers. Although primarily in the areas of air, water, and waste, these laws and regulations can impact other areas that potentially affect the construction industry, such as endangered species protection and other land use issues. This presentation will address major environmental legal and regulatory initiatives impacting the construction industry, with an emphasis on recent developments in Texas, as well as provide an overview of other environmental and land use concerns that could impact construction projects.

Table of Contents

  1. Introduction
  2. Air Issues
    1. The Federal Clean Air Act
    2. State Implementation Plans in General
    3. The Texas SIP and the Construction Industry
    4. Potential for Additional State Emissions Regulations Impacting the Construction Industry
  3. Water Issues
    1. Construction Storm Water Permits
    2. Dredge and Fill Permits
    3. Activities Within the Texas Coastal Management Program Boundary
    4. Activities Within the Edwards Aquifer Recharge Zone
  4. Waste Issues
    1. Discovery of Contaminated Soil
    2. Disposal of Contaminated Soil
  5. Other Environmental Issues Affecting the Construction Industry.
    1. NEPA
    2. Release Reporting
    3. Asbestos
    4. Underground and Aboveground Storage Tanks
    5. Endangered Species Protection
    6. Environmental Insurance
  6. Conclusion



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