Recent Articles

When launching a new land development project, assessing the environmental risks associated with the property is essential. This process begins with a Phase 1 Environmental Site Assessment (ESA), a thorough evaluation designed to identify any existing or potential environmental liabilities. Recognizing the critical role that ESAs play in development projects, we have developed this resource to clarify what an ESA entails and why it is so vital for safeguarding your investment and ensuring compliance.... READ MORE

Environmental permitting in Tennessee can be complicated. Navigating the complexities of large-scale development requires understanding the specific challenges and regulatory demands of you project. You need a partner with a wealth of experience and expertise, and a track record of ensuring developments meet all federal, state, and local environmental regulations.... READ MORE

As urban development continues to flourish, particularly in fast-growing regions like Tennessee and other Southeastern states, developers face a myriad of challenges, one of which is dealing with contaminated soil. This issue not only poses environmental concerns but also brings substantial financial implications, primarily due to the high costs associated with landfill disposal.... READ MORE

How to Appeal a Corps of Engineers DecisionIt is not uncommon for disagreements to arise regarding the regulatory status of a wetland or stream. With changes to the Waters of the United States (WOTUS) rule, the development industry has often been left in a state of confusion. Additionally, there are instances where the Corps of Engineers’ decision on a permit... READ MORE

The Tennessee Brownfield Voluntary Cleanup Oversight and Assistance Program (VOAP) is a voluntary program by the Tennessee Department of Environment and Conservation (TDEC). It helps property owners address contamination and develop or redevelop affected properties. ... READ MORE

The residential development market is experiencing a period of robust growth in The Southeastern US, particularly Middle Tennessee and Nashville. With new residential units in high demand, the tasks of environmental planning and execution take center stage. Whether it’s breathing new life into an urban brownfield or ushering in a suburban greenfield development, maintaining a rigorous construction schedule, and avoiding permitting delays are paramount.... READ MORE

Are you a commercial real estate developer in Tennessee leaving a valuable tax credit untapped for your development project? Lord & Winter is the TN based environmental consultant that can help you professionally complete the Brownfield Tax Credit Plan and apply for the brownfield tax credit!... READ MORE

A client called on Friday, December 19, asking for results by December 31. They needed to close a property acquisition in Nashville, Tennessee, before the end of the year, but first, they needed a Phase 1 and 2 Environmental Site Assessment. Our team has never set foot on this site. Most drillers were gone for the holidays, and analytical laboratories were shutting down until the start of the new year. It was a tall order.... READ MORE

The Streamside Salamander (Ambystoma barbouri) is a stream-breeding salamander with a stocky body and a small head. They are usually colored gray to black, with lighter grey speckles on their sides. They are considered a medium sized salamander, measuring between 4 to 5.5 inches. They are from the family Ambystomatidae (known as mole salamanders) and are similar in appearance to the Small-mouthed Salamander (Ambystoma texanum). The two similar species can be differentiated due to habitat; the streamside salamander is found in upland habitats close to streams with limestone bedrock.... READ MORE

Lord & Winter staff can help in your project planning phase identify and assess suitability of critical bat habitat and conduct presence/absence surveys. Our experience includes acoustic monitoring, echolocation call identification, radio-tracking, roost tree identification, and the handling and capture of species. Call Lord & Winter to help you minimize and avoid any impact to local bat species.... READ MORE

In the strictest sense, if you don’t complete an environmental due diligence process you are not only buying commercial property, you may be buying environmental liability.  Contamination from previous land use follows the purchaser unless protected by innocent landowner provisions of CERCLA.... READ MORE

The permitting and construction of development projects such as marine terminals, surface mines, and commercial developments in Louisiana are especially challenging due to the extent of the coastal management zone and complex freshwater inland wetland ecosystems.... READ MORE

Wetland delineations must be completed in advance of commercial development site layout to help minimize impact to protected wetland areas. If impact to wetlands is unavoidable, a wetland delineation is needed to quantify the type and acreage of impact. Below is a list of tasks to consider during project planning to contract a wetland consultant, identify wetlands within your project area, determine wetland area jurisdiction, permit unavoidable wetland impact and comply with permit conditions during construction.... READ MORE

Constructing a large pipeline, water line, or transmission line project in Tennessee is exciting and challenging. But project planning is required to ensure all environmental permits are obtained prior to the pre-bid meeting. Below is a checklist for Project Managers to scope the environmental permitting of linear Right-Of-Way (ROW) energy, mining, and utility projects in Tennessee.... READ MORE

Commercial, utility, and mining projects frequently require environmental permitting. But when is a stream hydrologic determination needed? A Hydrologic Determination may be required if your project crosses or is adjacent to a watercourse in Tennessee. The Hydrologic Determination is required to meet state of Tennessee and metropolitan area MS4 stormwater rules. Below are some answers to commonly asked questions about Hydrologic Determinations in Tennessee.... READ MORE

Wetlands are areas where water covers the soil or is present at or near the surface of the soil for varying periods or all times during the year. There are several legal and non-legal definitions for a wetland but they all acknowledge three main components needed for an area to be deemed a wetland: hydrology, hydric soils, and hydrophytic vegetation.... READ MORE