Blog: Opinions & Observations

What to Do if You Have Been Charged with a Tidal Wetlands Violation

April 11, 2019

In Virginia, wetlands are protected by law.  The Virginia Marine Resources Commission (VMRC), working in in close coordination with the Department of Environmental Quality (DEQ) and local Wetlands Boards, have the responsibility to preserve and prevent the destruction of tidal wetlands while also accommodating necessary economic development in a manner consistent with wetlands preservation.  Va. Code §28.2-1301(B).Construction activities in tidal wetlands...

Waterfront Property Owners: Riparian Rights vs. Oyster Aquaculture Companies

June 06, 2018

Riparian property rights are the reason that people pay extra to live “on the water”.   A previous article from June 2013 explains why riparian property rights command such great value.   The homes on Sandfiddler Road in Sandbridge, Virginia, give a practical example that further proves the premium value that the market attaches to riparian property rights.  Up and down the five miles of Sandfiddler Road, the homes on the east side – the side facing the...

Legal Remedies Available to Persons Who Are Injured or Whose Property Is Damaged by 94,000 Gallons of Aviation Fuel Released at Naval Air Station Oceana on May 11, 2017

May 12, 2017

On May 11, 2017 the Navy announced that approximately 94,000 gallons of jet fuel (JP-5) were released from a bulk “fuel farm” at Naval Air Station Oceana.  The spilled fuel leaked into a waterway that carried the JP-5 into the surrounding community where it reached nearby residential properties. A multi-agency government team is working to contain and then clean up the spill.  The federal laws that force the spiller to clean up the spill are the Resource,...

Environmental Law: The Supreme Court’s Hawkes Co. Decision May Help Save Your Project When Wetlands are Present - June 2016

June 01, 2016

 Image courtesy of Michael MeesWetlands make it hard to build at a property.  This is especially significant in Hampton Roads, Virginia, due to the high prevalence of wetlands in this part of the country.  The builder and the U.S. Army Corps of Engineers (Army Corps) do not always agree on the size of the wetlands footprint, with the builder needing the footprint to be small in order for the project to go forward, and the Army Corps claiming the footprint...

President Nixon as Midwife for the Birth of Enviromental Law - June 2016

June 01, 2016

Whether he actually said it or not, Winston Churchill gets credit for the quote that “Americans will always do the right thing, only after they have tried everything else.”Cuyahoga River Fire Nov. 3, 1952.  Courtesy of Special Collections, Michael SchwartzLibrary at Cleveland State University (from the Cuyahoga River – Fires, Accidents Collection)When deciding how much pollution may be released into our surroundings and whether there should be a financial...

Environmental Law: An Oil Spill Could Cost Your Business - March 2016

March 14, 2016

by James T. LangThe owner of each vessel, each shipyard, each port, and each waterfront facility that handles oil is faced with the risk of an oil spill into water. Ignoring the risk is foolhardy. It puts the business in jeopardy, along with the assets and even the personal freedom of the owner. Acknowledging the risk, and managing it, is an important business judgment that weighs the economic cost of the available prevention measures, the extent to which...

Oil Spills: The Clean Water Act to the Oil Pollution Act of 1990 - February 2016

February 25, 2016

A tugboat overturns in a waterway adjacent to a small shipyard off of the Eastern Branch of the Elizabeth River, near the Campostella Bridge in Norfolk, spilling an estimated 1,000 gallons of diesel fuel into the river. Firefighters who specialize in hazardous substance releases, the U.S. Coast Guard and the Virginia Department of Environmental Quality respond to the scene. The shipyard owner/operator is criticized for his failure to notify the National...

Environmental Law and the Chesapeake Bay Preservation Act: Where Local Knowledge is a “Must” - October 2015

October 07, 2015

Living on the water provides beautiful vistas, opportunities for boating and fishing and other amenities, all of which come with a (sometimes hidden) cost because the waterfront is subject to a complicated web of environmental laws and regulations. Among these, the Chesapeake Bay Preservation Act (found at Virginia code §§ 62.1-44.15:67 to 62.1-44.15:79) is unique in that it is a creature of local government, with minimal state oversight, and no federal...

As Coastal Migration Continues, Waterfront Property Owners Encounter Complicated and Costly Environmental Regulations - September 2015

September 15, 2015

Waterfront property owners in Hampton Roads are privileged to enjoy the ambiance and a fantastic view, in addition to a highly valuable set of riparian property rights.[1] These benefits however come at a cost. Waterfront owners must be prepared to carry the expense of operating their properties in compliance with a multi-faceted and complicated web of federal, state and local legal environmental requirements designed for and specifically applicable to...

Riparian Rights When You Own Land in Contact with the Water: A Mix of Environmental, Admiralty and State Law - June 2013

June 19, 2013

Why do people pay extra for property “on the water”?  Besides the ambience and the view, owning land in contact with the water of a river, bay, creek or ocean includes valuable riparian property rights.  The Virginia Supreme Court in 2012 wrote:The littoral or riparian nature of property is often a substantial, if not the greatest, element of its value. This is true whether the owner uses his access to the sea for navigation, fishing, bathing, or the...