Key Environmental Development Issuesby Jeff Civins, Vinson & Elkins, United States,
Abstract: Environmental statutes dealing with the control of pollutants generally regulate precriptively, establishing both technical standards, relating to discharges and their effect on the environment, and administrative requirements. Technical requirements especially may affect the feasibility and conditions of an intended use. Environmental statutes often provide for pre-construction of pre-operation environmental review. Environmental review may be narrow, with the focus being on a particular segment of the environment, e.g., air, water, historic sites, the flood plain, or it may be broad, e.g., under the National Environmental Policy Act. To establish an analytical framework for use by a prospective acquirer or developer of property, environmental programs may be classed based on their impacts. These classes of environmental laws include: (1) those imposing land use restrictions, directly and indirectly; (2) those requiring permits prior to construction or operation, with associated conditions and the concomitant potential for delay; (3) those imposing restrictions in conjunction with federal permitting or other federal action; and (4) those affecting value and use of property that are triggered by on-site conditions.
Subject Headings: Environmental issues | Pollutants | Construction management | Historic sites | Laws | Federal government | Feasibility studies | Water policy
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