Skip to content

ELPO Law Attorneys Published in American Bar Association's Environmental Law Resource Book



Three ELPO Law Environmental Law attorneys have been published in a resource book for the American Bar Association. LaJuana S. Wilcher, Sarah P. Jarboe, and Joye Beth Spinks wrote the 22nd chapter of the Fifth Edition of the Environmental Aspects of Real Estate and Commercial Transactions: Acquisition, Development, and Liability Management resource book.

This book was co-authored as an updated guide to the issues, problems, and pitfalls that can arise when real estate, business, and environmental law intersect. The book serves as a resource for lawyers conducting real estate and commercial transactions to inform them about environmental law issues to consider when doing real estate transactions.

Specifically, Wilcher, Jarboe, and Spinks wrote Chapter 22: Wetlands Considerations in Real Estate Transactions. An often overlooked aspect of real estate transactions is the potential need to obtain a permit under section 404 of the federal Clean Water Act (CWA) before engaging in activities such as land clearing, earth moving, or beginning construction. Before entering into a real estate transaction, all parties should try to determine whether jurisdictional wetlands are present on the property and, if so, the time frame and costs for obtaining necessary permits to use or develop the property. Delays and costs associated with obtaining a section 404 permit can be considerable and should be evaluated when agreeing on the terms and price for real estate.

How wetlands affect an individual or company seeking to purchase and/or develop a piece of property is currently an issue of great interest in environmental law as the law changed in 2020 and could very well change again in the near future with the incoming administration. The complete over 700 page version of Environmental Aspects of Real Estate and Commercial Transactions: Acquisition, Development, and Liability Management, Fifth Edition is available for purchase on the American Bar Association website here. The full book was co-authored along with Wilcher, Jarboe, and Spinks by a team of accomplished real estate, environmental, tax, land use, and business lawyers and technical experts, in private practice, corporations, government, and law schools. To learn more about ELPO Law, visit www ELPOLaw.com.

More Stories

  • Latest Issue 2 21

    Read More
  • Editor's Letter

    Happy New Year! After the past year, I know that we are all excited to welcome 2021 into our lives. The VIP team hopes that you are already having a great start to the year and are excited for what VIP Bowling Green will bring that is new and exciting! Read More
  • Junior Achievement 2021 Business Hall of Fame

    Congratulations to the 2021 Junior Achievement Business Hall of Fame Laureates: Mrs. Connie Smith and Mr. John Kelly. We are honored to induct them into the 2021 Business Hall of Fame for their philanthropic and economic contributions to South Central Kentucky... Read More
  • Sara Madison Moscow, MD Joins Women's Health Specialists

    Med Center Health is proud to welcome OB/GYN Sara Madison Moscow, MD to the team of physicians and certified nurse midwives at Med Center Health’s Women’s Health Specialists. Read More