Cochrane Wisconsin Construction Expert Witness Directory

Perennial Question, Perennial Answer? EPA and Army Corps Propose Year-Round Standard for WOTUS that Could Reshape Clean Water Act Jurisdiction

October 12, 2026 — Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
Federal Clean Water Act jurisdiction may be about to get considerably narrower. On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a supplemental notice of proposed rulemaking that would limit federal authority over streams and wetlands to those containing water year-round—a “perennial” standard that would go beyond even what the Supreme Court required in Sackett v. EPA, 598 U.S. 651 (2023). The supplemental notice offers two options for revising the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA): One would define “relatively permanent” waters as perennial, and the other would require perennial surface water to establish a wetland’s continuous surface connection to a jurisdictional water. If adopted, either option would substantially reduce the number of streams, wetlands and other water features subject to federal permitting, with the sharpest effects in arid and semi-arid regions where rainfall patterns leave many waterways dry for portions of the year. Reprinted courtesy of Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

A Green Light for Housing? What Executive Order 14394 Means for Your Next Project

May 26, 2026 — Bennett Houck, Miranda Martinez & Byron Sarhangian - Snell & Wilmer
On March 13, 2026, President Trump signed Executive Order 14394, “Removing Regulatory Barriers to Affordable Home Construction” (the “Order”). The Order directs federal agencies to reduce regulatory burdens on residential development, streamline environmental permitting, and encourage state and local governments to adopt housing-friendly policies. The Order includes several key provisions that developers and homebuilders should be aware of moving forward. Key Provisions The Order targets four main areas: 1. Federal Environmental Regulations First, it directs the Secretary of the Army and Environmental Protection Agency (EPA) to revise permitting standards, including stormwater permits, wetlands permits under Section 404 of the Clean Water Act, and related construction-site requirements. The Order also targets energy-efficiency mandates for U.S. Department of Housing and Urban Development (HUD) and U.S. Department of Agriculture (USDA) financed housing. For developers and homebuilders, these revisions could reduce project delays and compliance costs associated with stormwater management, wetlands mitigation, and energy-efficiency upgrades, expenses that often add significant time and cost to residential development projects. Reprinted courtesy of Bennett Houck, Snell & Wilmer, Miranda Martinez, Snell & Wilmer and Byron Sarhangian, Snell & Wilmer Mr. Houck may be contacted at bhouck@swlaw.com Ms. Martinez may be contacted at mimartinez@swlaw.com Mr. Sarhangian may be contacted at bsarhangian@swlaw.com Read the full story...

What Prevents Innovation in Construction from Taking Off

September 15, 2026 — Aarni Heiskanen - AEC Business
In construction, we have the knowledge, technology, and innovative people to radically improve our performance, yet we’re still stuck in old ways. Why is that? I attended an annual gathering for real estate and construction professionals at Rakennustieto Oy, Finland’s leading building information provider. The day before, a half-day seminar was held at the same venue. During both events, we discussed the need for change in the construction sector. Everyone agreed that we need to radically improve how we produce and share information. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business

Anti-Concurrent Causation Clause Prevents Coverage for Collapse

April 27, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133 (Ill. Ct. App. Jan. 27, 2026). One of the brick veneer walls of the Lido Motel collapsed during a windstorm. Lido reported the loss it its insurer, AIX. AIX investigated and determined that the brick veneer collapsed due to pervasive wear and tear and corrosion of the underlying infrastructure that secured the veneer- specifically the components that anchored or tied the masonry veneer to the underlying wooden substrate. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

White and Williams LLP Secures Trio of Cyber Coverage Wins

May 12, 2026 — Gabriel Darwick & Sean Elman - White and Williams LLP
Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

Ahlers Cressman & Sleight leads in recognized Construction Litigation Attorneys

September 01, 2026 — Ahlers Cressman & Sleight PLLC
Ahlers Cressman & Sleight is pleased to announce its leading recognition in the 2026 Washington Super Lawyers magazine. With ten members named, ACS has more recognized Construction Litigation attorneys than any other firm on the 2026 Washington Super Lawyers list, compared to three at the next closest firm. Two ACS members were also recognized on the 2026 Washington Rising Stars list. Super Lawyers selects these recognized lawyers by using a patented multiphase selection process. First, lawyers enter the candidate pool by being nominated by their peers or by being identified by managing partner surveys, third-party feedback, or the Super Lawyersresearch team. Next, Super Lawyersconducts an independently researched evaluation using twelve indicators of professional achievement and peer recognition: verdicts/settlements, transactions, representative clients, experience, honors/awards, special licenses/certifications, position within a law firm, bar and/or professional activity, pro bono and community service, scholarly lectures/writings, education/employment background, and other outstanding achievements. Then, candidates with the highest point totals serve on a Blue Ribbon panel, evaluating other candidates within their primary practice area. Finally, only 5% of attorneys are selected for the Super Lawyers list, and 2.5% of attorneys are selected for the Rising Stars list. More information about the Super Lawyers Selection Process can be found here. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

White and Williams LLP Ranked in the Chambers USA 2026 Guide

June 15, 2026 — White and Williams LLP
White and Williams LLP is proud to celebrate the Chambers USA 2026 Guide which has ranked several of the Firm's attorneys and practice groups, underscoring the Firm's overall commitment to providing client service excellence. The Chambers USA 2026 Guide recognized attorneys Tim Davis, Managing Partner, and Nancy Frantz, Chair of the Real Estate Group, for Real Estate: Finance in the state of Pennsylvania. Randy Maniloff, Partner, Patricia Santelle, Chair Emeritus/Former Managing Partner, and Robert Walsh, Partner were ranked for Insurance in Pennsylvania, and Thomas Pinney, Partner, was ranked in Pennsylvania for Bankruptcy/Restructuring. In the state of Maryland, Partners David Gilliss and Eric Korphage were recognized for their work in Construction. Read the full story...
Reprinted courtesy of White and Williams LLP

The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder

September 08, 2026 — Gail Gudder - Colorado Construction Litigation Blog
Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself. Much has changed in Colorado construction-defect law since then. But a recent Douglas County case, and significant amendments to the Colorado Common Interest Ownership Act (“CCIOA”) enacted in 2025, provide good reasons for HOA board members and owners to revisit that basic premise. Read the full story...
Reprinted courtesy of Gail Gudder, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Gudder may be contacted at gudder@hhmrlaw.com

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