What is the purpose of the Energy Community Bonus Credit? The Inflation Reduction Act (IRA) introduced the Energy Community Bonus Credit to encourage renewable energy project developers to locate their facilities and energy...more
For most of this century, I’ve been asked with some regularity whether Superfund was dead. I’ve always considered that question to be a victory of hope over expectation. Notwithstanding frequent criticism, frequently...more
As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a...more
On May 8th, Ohio State Representatives Thomas Hall and Bride Sweeney jointly introduced House Bill 519 to restore the Clean Ohio Revitalization Fund (CORF) and provide for its administration. The CORF is envisioned as a...more
On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more
The Nature Conservancy (“TNC”) issued a report titled: Mining the Sun – Transforming Mine Lands and Brownfields into Clean Energy Hubs (“Report”) - The Report focuses on the expanding practice of developing clean...more
On June 7, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-48. This notice includes lists of information that taxpayers may use to determine whether they meet certain requirements...more
Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
The United States Environmental Protection Agency (“EPA”) announced in a May 23rd news release Brownfield grants have been awarded to the following Arkansas entities: Arkansas Department of Energy & Environment...more
On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the...more
With an unprecedented momentum for the construction of new major projects linked to the shift away from fossil fuels and the development of a low-carbon economy, there is a real focus on construction law issues relevant to...more
The Georgia Brownfield Association (GBA) held its 10th annual Brownfield Seminar on April 9th, bringing together leaders from the legal, engineering, and government sectors who share an interest in furthering the...more
A facility that is located on a brownfield site, meaning real property that (i) the expansion, redevelopment, or reuse of may be complicated by the presence or potential presence of a hazardous substance, pollutant, or...more
On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more
This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is...more
On March 22, 2024, the Internal Revenue Service (IRS) issued additional guidance in respect of the “Energy Community Bonus” in Notice 2024-30 (the “Notice”), which provides two key updates: (1) offshore wind farms have two...more
The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more
It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community”. One way to be in an energy...more
On Jan. 2, the New Jersey Department of Environmental Protection (NJDEP) rang in the new year by publishing a Proposed Rule updating the Ground Water Quality Standards (GWQS) for 65 of the 73 constituents currently regulated...more
Communities and developers now have the opportunity to tap into certain funds earmarked by the state specifically for brownfield redevelopment and to take advantage of certain incentive programs that apply to more brownfield...more
On November 16, 2023, Congressman Mike Turner (R-OH-10) and Mikie Sherill (D-NJ-11) reintroduced the bipartisan Brownfields Redevelopment Tax Incentive Reauthorization Act (H.R. 6438) (BRTIRA). BRTIRA is designed to provide...more
Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more
While some developers are dragged reluctantly into redeveloping brownfields, others actively pursue these environmentally impacted properties in recognition of the advantages they can provide under the right circumstances....more
The Ohio Department of Development (ODOD) recently released further application details and information regarding its Building Demolition and Site Revitalization Program (the Program), which recently received renewed funding...more