Entries by John Kolanz

Environmental Policy Change has Major Implications for Colorado

By: John Kolanz A version of this article was published in BizWest in November 2018. The Trump Administration’s emphasis on state empowerment has garnered significant attention, particularly in the environmental arena. So it is somewhat surprising that a recent change in policy having major implications for state permitting authority under the Clean Water Act has […]

ARE YOU THE CONTROLLING TYPE?

By: John Kolanz A version of this article was published in the March 2018 BizWest Thought Leaders column. If so, and you own property on which tenants engage in certain regulated activities, you should consider consulting a specialist for a little preventive care – legal, not medical. Controlling the activities of these tenants can draw […]

Surprising Scope of Asbestos Regulation

By: John Kolanz A version of this article was published in the January 2018 BizWest Thought Leaders column. Most know that asbestos is bad stuff. However, building owners are often surprised to learn that federal and state asbestos requirements can capture routine activities such as minor renovation and even cleaning. Asbestos was a popular building […]

Utah Rodent in Middle of Ideological Tug-Of-War

By: John Kolanz A version of this article was published in BizWest in May 2017. Against the backdrop of the Trump Administration’s determined deregulatory efforts, the Tenth Circuit Court of Appeals (which covers Colorado) recently affirmed substantial federal authority to regulate activity on private lands.  While the Court delivered its opinion in the context of […]

Should I Look for Environmental Issues Prior to Completing My Real Estate Transaction?

By: John Kolanz A version of this article was published in the November 2016 BizWest Thought Leaders column. When purchasing (often even leasing) commercial or industrial property, the answer is usually yes. Environmental issues take various forms, such as soil and groundwater contamination, mold or asbestos on structures, or the presence of wetlands or endangered […]

High Court’s Wetlands Opinion Could be Game Changer

By: John Kolanz A version of this article was published in BizWest in June 2016. Chalk one up for property rights.  The United States Supreme Court just changed the playing field for wetland permitting, notably tipping the balance toward landowners and developers seeking clarification of whether their planned activities require Army Corps authorization.  Moreover, in […]

Do I need an Army Corps Permit for My Project?

By: John Kolanz A version of this article was published in the March 2016 BizWest Thought Leaders column.   This question touches many activities, from large residential and commercial developments, to stream or ditch bank repairs, to family home construction.  Generally, one requires a permit from the Corps before working in wetlands and other protected waters. […]

Texas Court’s Rejection of Endangered Species Act Listing Has Widespread Implications

By: John Kolanz A version of this article was published in BizWest in September 2015. Oil and gas and agricultural interests in Colorado and four nearby states celebrated a Texas federal judge’s ruling last week vacating Endangered Species Act (“ESA” or “Act”) protections for the lesser prairie-chicken (“LPC”).  Environmental interests were less enthused.  While the […]

New Federal Water Rule Taps Reservoir of Angst

By: John Kolanz A version of this article was published in the June 2015 BizWest Thought Leaders column. It is largely about perspective.  Some say that the new federal rule defining the reach of the Clean Water Act (“CWA” or “Act”) will pave “the road to a regulatory and economic hell.”  Others see it as […]