Spring 2025 Environmental Update: New Cases, New Rules and Other Developments
June 23, 2025 —
Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law BlogTHE U.S. SUPREME COURT
City and County of San Francisco v. EPA (March 4, 2025)
In the first major environmental decision by the Court in the 2024 Term, the Court’s analysis of the Clean Water Act concluded that there was no provision in the Act supporting the imposition by EPA of an ambiguous water quality standard. Indeed, the majority lamented the absence of any concrete plan to achieve compliance. In addition, the Act’s “permit shield,” that deems a permittee to be in compliance with the law if it is adhering to the terms of its permit, could be imperiled by this new standard. (Interestingly, the opinion does not mention the recent revocation of the Chevron doctrine, which placed many agency determinations beyond the reach of the reviewing courts.) There were four dissenters, led by Justice Barrett, who was persuaded that a receiving water quality determination permit condition was consistent with the Court’s review of the CWA.
The city of San Francisco owns and operates a complex wastewater treatment facility that is subject to a municipal Clean Water Act NPDES permit issued by EPA. However, the latest permit renewal contains new provisions that make the permittee “responsible for the quality of the body of water into which the permittee discharges pollutants.” The Supreme Court, holds that this new requirement is not authorized by the text of the Act. Moreover, even if a permittee “punctiliously” follows every requirement of the permit, if the quality of the receiving water falls below the applicable standard—which the permit does not set forth in any particularity—the Court suggests that the city could be heavily penalized for such a transgression even though it was never obligated by the permit to take any specific steps other than those it undertook.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Milestone Tunnels are Centerpiece of Landmark Virginia Bridge-tunnel Expansion
June 16, 2025 —
Jim Parsons - Engineering News-RecordConstructed as the world’s first bridge-tunnel complex in 1957, the Hampton Roads Bridge-Tunnel was an engineering milestone in a natural harbor already rich in history, from the landing point for voyagers who would establish the first permanent English settlement upriver at Jamestown to the first battle of ironclad vessels during the Civil War.
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Jim Parsons, Engineering News-RecordENR may be contacted at
enr@enr.com
The Dominguez Case and Deed Fraud: Who Criminals Target and How to Protect Yourself Against Fraud
November 04, 2025 —
Lauren P. Merdinger, Ryan D. Konsdorf, Jordin Pettit & Alison Tobin - Snell & WilmerArizonans should be aware of a recent decision from the Arizona Supreme Court that increases consequences for unsuspecting victims of deed fraud. Deeds are official documents that memorialize the owner of real property. When real property is bought, inherited, or otherwise conveyed, the deed is transferred to the new owner, who formally records the document with the county in which the real property exists to signify a change in ownership. However, scammers can create fraudulent deeds by forging landowner’s signatures, purporting to transfer the real property without the rightful owner’s consent. The Arizona Supreme Court’s recent ruling in Dominguez will impact victims of deed fraud moving forward, as it holds that if certain conditions are met, a recorded fraudulent deed can strip landowners of their property rights.
1
The Case
In Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez, the Arizona Supreme Court was asked to address a family dispute over an unoccupied piece of real property in Maricopa County.
2 In 1995, Magdalena and Isidro Dominguez acquired the property in question. After the couple divorced in 1998, their son Jose and his wife Renee recorded a deed in 2003 purporting to convey the property to themselves, and Jose and Renee began paying the taxes on the property from thereon. In 2020, Magdalena discovered the 2003 recorded deed and claiming it was forged, filed a “quiet title” suit asking the Court to declare her the rightful owner of the property.
Reprinted courtesy of
Lauren P. Merdinger, Snell & Wilmer,
Ryan D. Konsdorf, Snell & Wilmer and
Jordin Pettit, Snell & Wilmer
Ms. Merdinger may be contacted at lmerdinger@swlaw.com
Mr. Konsdorf may be contacted at rkonsdorf@swlaw.com
Ms. Pettit may be contacted at jpettit@swlaw.com
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Substantial Evidence Standard Upholds Trial Court Findings When There is Documentary Evidence and Testimony, Even if “Thin.”
June 23, 2025 —
Joshua Lane - Ahlers Cressman & Sleight PLLCIn the unpublished case of Madero Construction, LLC v. Fullwiler Construction, Inc., 2025 WL 588159, No. 86281-2-I (Div. I, Feb. 24, 2025), the Court of Appeals addressed the question of what constitutes sufficient evidence of a contractor’s damages. This case involved a dispute between subcontractor Madero Construction, LLC (“Madero”) and general contractor Fullwiler Construction, Inc. (“Fullwiler”) related to unpaid invoices for framing work on a townhome project in Ballard, Washington.
Fullwiler’s superintendent instructed Madero to deviate from the approved roof plans. Later, a replacement superintendent demanded correction. Madero reworked the roofing per updated instructions, then ceased work after Fullwiler withheld payment on three invoices totaling $132,791.61. Madero recorded a mechanic’s lien and sued Fullwiler for breach of contract. Following a bench trial, the trial court ruled that: (1) Fullwiler breached the contract by failing to pay Madero; and (2) Madero did not perform defective work because deviations from the approved plans were instructed by Fullwiler’s superintendent. Fullwiler appealed.
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Joshua Lane, Ahlers Cressman & Sleight PLLCMr. Lane may be contacted at
joshua.lane@acslawyers.com
SDV Earns Top Honors from Chambers and Partners USA 2025 Award
July 08, 2025 —
Saxe Doernberger & Vita, P.C.Saxe Doernberger & Vita, P.C. (SDV), a leading national law firm exclusively representing policyholders in insurance coverage matters, is proud to announce its recognition by Chambers and Partners USA 2025 with a prestigious Band 1 ranking in Insurance. In addition to the firmwide honor, three of SDV’s attorneys received individual rankings for their outstanding work in the field. This recognition reflects a year of continued growth, high-profile results, and deep client trust. The Band 1 designation is the highest ranking awarded by Chambers and Partners, one of the most respected legal directories in the world. Rankings are based on independent research that includes in-depth interviews with clients and peers, assessing firms on criteria such as legal ability, client service, and commercial awareness.
“We are honored to receive this Band 1 recognition from Chambers and Partners,” said Tracy Alan Saxe, Chair of Saxe Doernberger & Vita, P.C. “This distinction reflects the exceptional skill and commitment of our attorneys, as well as the strength of the relationships we’ve built with our clients. We remain dedicated to providing the highest level of advocacy and service to policyholders and are grateful to Chambers and Partners for acknowledging the work we are so passionate about.”
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Saxe Doernberger & Vita, P.C.
Dispositive Motions in AAA Construction Arbitration: Why You Should Think Twice
September 30, 2025 —
Lisa Colon - The Dispute ResolverWhen involved in a construction arbitration under the AAA rules, the urge to file a dispositive motion can be strong. After all, wouldn't it be beneficial to eliminate your opponent's case early and save the time and expense of a full hearing? However, before drafting that motion to dismiss or motion for summary judgment, take a moment to consider if it's truly the best strategic choice.
The AAA's Measured Approach to Dispositive Motions
The AAA Construction Industry Arbitration Rules adopt a notably cautious stance toward dispositive motions. Rule R-34 states that arbitrators may allow such motions "upon prior written application," but only after evaluating "the time and cost associated with the briefing of a dispositive motion." The rule explicitly mandates that arbitrators consider whether permitting the motion aligns with "the goal of achieving an efficient and economical resolution of the dispute."
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Lisa Colon, Saul Ewing LLPMs. Colon may be contacted at
lisa.colon@saul.com
Ball Janik LLP Attorneys Recognized in 2026 The Best Lawyers in America
September 15, 2025 —
Ball Janik LLPOrlando, FL –
Ball Janik LLP proudly announces that several firm attorneys have been recognized in the 32nd 2026 edition of Best Lawyers® and Best Lawyers: Ones to Watch. This recognition highlights the firm's continued excellence in construction defect, litigation, and insurance law across its offices in Orlando, Miami, Ft. Lauderdale, Tampa and Sarasota. The award distinctions underscore the firm's continued commitment to excellence and strength in the legal industry while recognizing its ability to recruit attorneys of the highest caliber to serve a growing client base.
The following attorneys have been recognized in the Best Lawyers® Awards:
Miami, FL
- Gabriel Z. Coelho - Construction Law
- Franchesco Soto - Construction Law and Litigation - Construction
Orlando, FL
- Kelly Corcoran - Construction Law
- Phillip E. Joseph - Community Association Law, Litigation - Construction, Real Estate Law
- James C. Prichard - Construction Law
- Evan J. Small - Construction Law, Litigation - Construction
The following attorneys have been recognized in the 2026 Best Lawyers: Ones to Watch:
Miami, FL
- Kayla Mosquera - Insurance Law
- Elijah C. Waring, Jr. - Product Liability Litigation - Defendants
Orlando, FL
- Keegan A. Berry - Litigation - Construction
- Natasha L. Biela - Commercial Litigation
- Greg K. Demers - Construction Law
- Brett Roth - Construction Law
- Jeffrey A. Widelitz - Insurance Law
Tampa, FL
- Nicholas B. Vargo - Construction Law, Litigation - Construction
About Ball Janik LLP
Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: www.balljanik.com.
Proactively Addressing Potential Construction Claims
June 09, 2025 —
Jack Mayo - ConsensusDocsRecognizing a potential claim—whether related to delays, defective work, payment, or some other issue—often requires immediate attention to ensure that your rights are protected. This article provides a general overview of several practical considerations and proactive steps for contractors to take at the onset of a potential claim to better position themselves for positive resolution. While this is not an exhaustive thesis on claims management (or long-term litigation of claims), it is nonetheless intended to provide some practical guidance to follow during the initial phases of a potential project claim.
Read the Contract Thoroughly
As soon as a potential claim arises, read the contract. Then read it again. Understanding contractual obligations and rights is an important first step in preparing to address a potential claim. Construction contracts, such as those provided by ConsensusDocs, usually contain relevant provisions regarding claim preservation and dispute resolution/management. If these provisions are not properly adhered to, it can potentially prove fatal to successful resolution of a claim.
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Jack Mayo, Jones WalkerMr. Mayo may be contacted at
jmayo@joneswalker.com
