Brownfields Redevelopment – a New Trust Mechanism to the Rescue?
Environmental response trusts created as a result of corporate bankruptcies demonstrate that workable mechanisms exist to protect against future environmental liability. This prompts the question: Can...
View ArticleThe New York State Budget (FY 2014/2015): How Did the Environment Fare?
Recently, Governor Cuomo and the NY State Legislative leaders struck a $140 billion budget deal for FY 2014-2015. Historically, the budget process in New York is messy (sometimes very messy),...
View ArticleConnecticut Adopts Municipal Brownfield Liability Relief Program
Many states and the federal government have struggled with the challenge of how to adapt statutory strict liability schemes imposing clean up obligations on property owners in such a way that will...
View ArticleDirty Dirt, Developing State Soil Reuse Regulation
Those who have tried to keep up with the development of environmental law into the second decade of the 21st century will not be surprised, as others may be, by the attention now focused on...
View ArticleEPA To Rename OSWER: How About “The Office That Should Be Eliminated As Soon...
According to the Daily Environment Report (subscription required), EPA is going to change the name of the Office of Solid Waste and Emergency Response to the Office of Land and Emergency Management....
View ArticleThe Limitations on Limited Liability for Environmental Harms for Members of...
The limited liability form of corporate organization generally offers small businesses the favorable tax treatment of a sole proprietorship or partnership, along with protection from personal...
View ArticleSuperfund Reform, Part 2: Giving Credit Where Credit Is Due
Last week, I offered less than fulsome praise of EPA Administrator Pruitt’s announcement that he was taking control of remedial decisions for big Superfund sites. Now, he’s followed up with a...
View ArticleMassachusetts Brownfields Update—Appeals Court Holds Nonprofits May Receive...
The Massachusetts Brownfields Tax Credit program allows individuals and businesses a credit against their state personal income tax or corporate excise liability for a percentage of the costs incurred...
View ArticleBROWNFIELDS ON STEROIDS
Everybody loves Brownfields. Local, State and Federal agencies provide an array of tax credits, grants, expert support, statutory liability protections and contractual liability protections to...
View ArticleModern Day Alchemy: New Help for Treating Acid Mine Drainage
Two promising new technologies—recovery of rare earths from acid mine drainage (AMD and conversion of AMD treatment by-products to paint pigments are bringing new hope to remediating AMD polluted...
View Article