Some Thoughts On Phase I Reliance Letters and CERCLA All Appropriate Inquiry
Phase I report “reliance letters” issued by an Environmental Professional (EP) may be misunderstood and misused in the context of conducting CERCLA All Appropriate Inquiry (AAI). The term “reliance...
View ArticleLess Lessee Liability – A Critique of EPA’s New Superfund BFPP Guidance
In December 2012, EPA issued revised enforcement guidance to assist agency personnel in exercising enforcement discretion regarding the treatment of tenants under Superfund’s bona fide prospective...
View ArticleVoluntary Cleanup – A Bluesy Ballad
At the time when Superfund was flexing its muscle and impacting the ability of successful completion of property transfers, most states developed some form of voluntary cleanup program or “VCP”. Those...
View ArticleBrownfields Redevelopment in Kentucky – What’s Next?
Last year the Kentucky legislature passed a bill that was designed to make it easier for blighted property to be redeveloped. The intended targets of the legislation were old gas station sites and...
View ArticleEmbraceable You – Throwing your Arms Around the New ASTM Phase I Standard,...
As 2013 drew to a close, USEPA amended its All Appropriate Inquiries Rule (AAI Rule) and anticipates that purchasers and environmental professionals will “embrace” the recently published ASTM...
View ArticleBrownfields 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...
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EPA 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...
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Superfund 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...
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BROWNFIELDS 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...
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Modern 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...
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