End of an (Endangerment) Era
February 23, 2026 —
Sukhmani K. Singh, Christopher P. Colyer & Sean M. Sherlock - Snell & WilmerOn February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced the repeal of the 2009 Greenhouse Gas (GHG) Endangerment Finding and the elimination of all federal GHG emission standards for motor vehicles and engines.
1 The EPA characterized the action as the “single largest deregulatory action in U.S. history.”
2 This development marks a fundamental shift in federal climate policy under the Clean Air Act (CAA) and is expected to trigger immediate and extensive litigation.
In Massachusetts v. EPA, the U.S. Supreme Court held that GHGs qualify as “air pollutants” under the CAA and that the EPA must determine whether emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare under CAA Section 202(a).
3 Following this decision, on December 7, 2009, the EPA issued two findings. First, the EPA classified six different GHGs as threatening public health and welfare. Second, the EPA determined that emissions from new motor vehicles contribute to that endangerment.
4 Although the findings themselves imposed no direct regulatory requirements, they served as the legal predicate for GHG emission standards for light-duty and heavy-duty vehicles, and later for other CAA programs affecting statutory sources. In 2012, the U.S. Circuit Court of Appeals for the District of Columbia upheld the Endangerment Finding and related regulations.
5
Reprinted courtesy of
Sukhmani K. Singh, Snell & Wilmer,
Christopher P. Colyer, Snell & Wilmer and
Sean M. Sherlock, Snell & Wilmer
Ms. Singh may be contacted at ssingh@swlaw.com
Mr. Colyer may be contacted at ccolyer@swlaw.com
Mr. Sherlock may be contacted at ssherlock@swlaw.com
Read the full story...
Ball Janik LLP Welcomes Construction Defect Associate Miguel Bonnelly as Orlando Office Continues to Grow
December 15, 2025 —
Ball Janik LLPORLANDO, FL – Ball Janik LLP is pleased to welcome Associate Miguel Bonnelly to the firm’s Construction Defect Practice Group in the Orlando office. Bonnelly brings experience from a leading nationwide personal injury law firm, where he represented homeowners and homeowners’ associations (HOAs) and businesses in complex construction matters. From construction defect matters to drafting Chapter 558 notices and conducting hearings, inspections, depositions, mediations, and settlements, Bonnelly is savvy in providing effective solutions for clients’ needs.
“We’re pleased to welcome Miguel to the firm,” said James C. Prichard, Managing Partner of Ball Janik LLP. “His experience representing homeowners in complex construction matters is a perfect match for our firm, and we are eager for his thoughtful, results-driven counsel that will make a difference for our clients.”
Bonnelly is fluent in both English and Spanish, creating greater accessibility for firm clients. He received his law degree from the University of Florida Levin College of Law and his bachelor’s degree from the University of Central Florida in legal studies, where he had the highest overall GPA. While in law school, he served as a legal intern at a boutique law firm with a focus on real property disputes, estate administration, and breach of contract claims, and at Community Legal Services of Mid Florida, providing civil aid in the housing unit throughout central Florida.
“I’m excited to be joining a firm with such talented professionals and resources that make a profound difference for clients,” said Bonnelly. “The firm’s focus on collaboration and track record for excellence and results make this an ideal opportunity for the next chapter of my legal career.”
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: https://www.balljanik.com/.
Promptly Notifying Your Insurer of a Claim Matters
December 30, 2025 —
David Adelstein - Florida Construction Legal UpdatesDoes promptly notifying your insurer of a claim matter? A recent case out of the 11th Circuit Court of Appeals answers this question in the affirmative. MAKE SURE TO PROMPTLY NOTIFY YOUR INSURER OF A POTENTIAL CLAIM.
In L. Squared Industries, Inc. v. Nautilus Ins. Co., 31 Fla.L.Weekly C529a (11th Cir. 2025), an insured owned gas stations and had a claims-made storage tank liability insurance policy. The policy provided: “You must see to it that we are notified as soon as reasonably possible, but in any event, not more than seven (7) days after the insured first became aware of, or should have become aware of a pollution condition which may result in a claim or any action or proceeding to impose an obligation on the insured for cleanup costs . . . .”
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal
December 08, 2025 —
Matthew DeVries - Best Practices Construction LawIn a recent Tennessee Court of Appeals decision,
Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential expert witness for the homeowners. The court’s response? Proximity isn’t prejudice.
The dispute started when homeowners sued Daniels Construction for allegedly botched remodeling work. When the judge disclosed during a hearing that he lived near the plaintiffs’ proposed expert, the defense moved to have him recused from the case. They argued that prior cases involving the same expert had led to recusals. The trial judge, however, made clear there was no personal or professional relationship with the expert and denied the motion.
Read the full story...Reprinted courtesy of
Matthew J. DeVries, BuchalterMr. DeVries may be contacted at
mdevries@buchalter.com
EPA and Army Corps Propose Revised Definition of “Waters of the United States”
December 30, 2025 —
Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogFor decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). Two years and a change in administration later, EPA and the U.S. Army Corps of Engineers have returned with a new proposal aimed at aligning the rulebook with the Supreme Court’s 2023 decision in Sackett v. EPA and restoring a degree of predictability to one of the most litigated terms in environmental law.
According to EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, the proposal represents a “faithful” implementation of Sackett, one that narrows federal reach to waters that are relatively permanent and wetlands that are indistinguishably connected to them. The agencies call it a step toward clarity and economic growth; others will undoubtedly call it a new chapter in an ongoing jurisdictional saga.
Reprinted courtesy of
Ashleigh 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...
HHMR Attorneys Steve Heisdorffer and Dave McLain Named to 2026 Super Lawyers List
April 08, 2026 —
Higgins, Hopkins, McLain & Roswell, LLCHiggins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation.
Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes. Mr. McLain has been recognized by Super Lawyers each year from 2020 through 2026, following his earlier inclusion on the Rising Stars list from 2009 through 2012.
Read the full story...Reprinted courtesy of
Higgins, Hopkins, McLain & Roswell, LLC
Civil Megaprojects: The Evolving Use of Dispute Prevention and Collaborative Delivery Methods in Public Contracting
January 13, 2026 —
Lisa D. Love - The Dispute ResolverCivil megaprojects are large, complex ventures in civil engineering and construction that typically cost over $1 billion to construct. These projects generally have significant and long-lasting impacts on the economy, environment and society, and involve multiple public and private stakeholders. Typical civil megaprojects include infrastructure projects, such as highways, bridges, tunnels, airports, dams, power plants and public buildings, which require extensive planning, design, coordination and construction over an extended period of time.
In the United States, there is over $500 billion worth of civil megaprojects in the pipeline, with an average of four megaprojects per month in 2024 and a total monthly value of $9.2 billion.[i] Here are some recent examples of civil megaprojects:
The Hudson Tunnel Project (a portion of the Gateway Program), under construction in the states of New York and New Jersey, involves the construction of two new tunnels and the renovation of aging rail tunnels used by Amtrak and New Jersey Transit that were damaged by Superstorm Sandy along the Northeast Corridor. This has been deemed one of the most important infrastructure projects in the country. It is projected to be completed in 2027 at a cost of over $16 billion.[ii]
Read the full story...Reprinted courtesy of
Lisa D. Love, JAMS
How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction
December 30, 2025 —
William L. Porter - Porter Law GroupThis is the third article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Final Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend.
At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
