News & Analysis as of

Contaminated Properties Brownfield Properties

Morris, Manning & Martin, LLP

Recap of the Georgia Brownfield Association’s Annual Seminar, Brian Remler, Sydney Brogden

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

Foley Hoag LLP - Environmental Law

Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?

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

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

Holland & Knight LLP on

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

Baker Donelson

Show Me the Money! Tap Into Tennessee's New and Expanded Programs to Encourage Redevelopment of Contaminated Properties

Baker Donelson on

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

Morris, Manning & Martin, LLP

Benefits of Brownfield Redevelopment

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

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already...

Mintz on

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

Verrill

The Brownfields Tax Credit

Verrill on

In August, Governor Healey signed the FY 2024 budget legislation extending for five years until January 1, 2029, the Brownfields Tax Credit that was set to expire at the end of 2023. Consequently, the redevelopment community...more

Goulston & Storrs PC

Reimbursement for Remediation: Massachusetts Brownfields Tax Credits Program Extended

Goulston & Storrs PC on

Today Governor Maura Healy signed legislation extending the eligibility deadlines for the Massachusetts Brownfields tax credits program by five years. The legislation had been included in the budget bill, which had recently...more

Dickinson Wright

New Michigan Law Significantly Expands Economic Incentives Available for Housing Development and Increases Availability of...

Dickinson Wright on

On July 18, 2023, Governor Whitmer signed into law Public Act 90 of 2023, an amendment to the Brownfield Redevelopment Financing Act (Act 381), taking immediate effect, that adds new economic incentives for housing-focused...more

Troutman Pepper

NYSDEC Sends Letter Outlining Upcoming BCP Submittal Milestones

Troutman Pepper on

On July 20, the New York State Department of Environmental Conservation (NYSDEC) sent a letter to Brownfield Cleanup Program (BCP) applicants, consultants, and attorneys that provides an update regarding 2023 Certificate of...more

Troutman Pepper

Treasury and IRS Release Additional Guidance on Energy Community Enhancements Under IRA

Troutman Pepper on

On June 15, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2023-45 and Notice 2023-47. Notice 2023-45 clarifies requirements for a brownfield site energy community safe harbor provided...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Cleanup and Technical Assistance/Brownfields: U.S. Environmental Protection Agency Announces $3 Million in Funding (Including...

The United States Environmental Protection Agency (“EPA”) announced in a May 25th news release that it is providing $215 million to expedite the assessment and cleanup of Brownfield sites....more

Burr & Forman

Legislation Seeks to Expand Alabama Brownfields Program

Burr & Forman on

This week a bill was introduced in the Alabama Legislature which would expand the state’s Brownfield Redevelopment and Voluntary Cleanup Program through the implementation of new features aimed to increase participation in...more

Orrick, Herrington & Sutcliffe LLP

IRA: Energy Communities and Brownfields Tax Guidance: What Companies Need To Know

Initial guidance for the bonus credit amount for renewable energy projects located in “energy communities” answers numerous questions about how to prove a project qualifies for extra tax credits. The guidance—which is in...more

Burr & Forman

New Tennessee Brownfield Legislation May Open Opportunities

Burr & Forman on

Tennessee’s new Brownfield legislation proposed by Governor Bill Lee provides significant incentives for acquisition of contaminated property. The legislation envisions three new areas of concentration for brownfield...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Farrell Fritz, P.C. on

The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

Akerman LLP

Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

Akerman LLP on

The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more

J.S. Held

The Evolution of Brownfield Redevelopment

J.S. Held on

The exact number of brownfield sites in the United States is not known. Some sources estimate the number at more than 450,000, amounting to more than five million total acres of land. One report estimated that U.S. cities...more

Farrell Fritz, P.C.

10 More Years – New York’s Brownfield Cleanup Program Extended

Farrell Fritz, P.C. on

When New York Governor Kathy Hochul executed the 2022-2023 State Budget, it included a 10-year extension to the State’s Brownfield Cleanup Program (“BCP” or “Program).  The State’s voluntary, incentive-laced, BCP was set to...more

Kohrman Jackson & Krantz LLP

Ohio Brownfield Remediation Program: Increasing Economic Potential Through Incentivized Community Investments

Ohio recently announced the first round of grant awards for the state’s Brownfield Remediation Program. Ohio dedicated nearly $350 million for the program administered by the Ohio Department of Development through the 2021...more

Kramer Levin Naftalis & Frankel LLP

Amendments to the New York State Brownfield Cleanup Program

The New York State Legislature has passed legislation that amends the NYS Brownfield Cleanup Program (BCP) and associated tax credit program and extends the program for another 10 years. The amendments extend the BCP, which...more

Schwabe, Williamson & Wyatt PC

New Oregon Brownfield Loan Program to Watch - Update

Revitalizing Brownfields has long been considered a centerpiece for community efforts to encourage growth and development of properties impacted by contamination. In 2021, Oregon’s Legislature passed HB 2518, which seeks to...more

Kramer Levin Naftalis & Frankel LLP

The New York State Brownfield Cleanup Program and Brownfield Opportunity Area Program: Budget Update and Proposed Amendments

Gov. Kathy Hochul released proposed amendments to both the Brownfield Cleanup Program (BCP) and the Brownfield Opportunity Area (BOA) Program this week, in connection with her FY 2023 Executive Budget proposal. The proposal...more

Woods Rogers

Virginia DEQ Suspends Issuance of Landowner Liability “Comfort Letters”

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On December 1, 2021, the Virginia Department of Environmental Quality (“VDEQ”)  announced via a notice on its Brownfields website that it stopped accepting applications for Bona Fide Prospective Purchase (“BFPP”) and other...more

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