News & Analysis as of

Contaminated Properties Brownfield Properties Comprehensive Environmental Response, Compensation and Liability Act

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

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

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

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

Woods Rogers

Virginia DEQ Suspends Issuance of Landowner Liability “Comfort Letters”

Woods Rogers on

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

Akerman LLP

Major Boost Coming in Federal Brownfield and Superfund Spending and Focus

Akerman LLP on

Following the enactment of the federal Infrastructure Investment and Jobs Act (H.R. 3684) and its signing into law by President Joseph R. Biden this month, significantly expanded federal funding and emphasis is expected in...more

Nossaman LLP

Podcast: CERCLA at 40: The Monster That Often Eats the Village

Nossaman LLP on

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began...more

Holland & Knight LLP

ASTM's Proposed Definition of CREC May Jeopardize Landowner Liability Protections Under CERCLA

Holland & Knight LLP on

ASTM International (ASTM) has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM's definition, as drafted, confuses risk-based decision-making with the implementation of institutional...more

Benesch

Ohio Expands Liability Protection for Brownfield Purchasers, But Reduces Incentives for Voluntary Cleanups

Benesch on

The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund law, has been used successfully to clean up abandoned industrial sites across the country....more

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

Brownfields: U.S. Environmental Protection Agency Public Notices Availability of Funding

The United States Environmental Protection Agency (“EPA”) published a March 9th Federal Register Notice referencing the availability of additional funding for brownfields. See 85 Fed. Reg. 13647. EPA states that it is...more

Ward and Smith, P.A.

Brownfields Redevelopment Receives Boost Under the BUILD Act

Ward and Smith, P.A. on

Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide. The attraction to dense, urban communities offering work/live/play opportunities and away from suburban living has...more

Miles & Stockbridge P.C.

Recent BUILD Act “Builds” on Existing Brownfields Program through Additional Liability Protection and Redevelopment Incentives

Despite last minute veto threats from the White House, the bipartisan Consolidated Appropriations Act of 2018 was signed into law earlier this year. Buried deep in this massive omnibus spending bill is a major win for...more

Pillsbury - Gravel2Gavel Construction & Real...

New CERCLA Brownfields Amendments

The Consolidated Appropriations Act of 2018 includes, at pages 1768-1786 of the bill, the “Brownfields Utilization, Investment, and Local Development Act of 2018,” also known as the “BUILD Act.” This is a bi-partisan bill...more

Bradley Arant Boult Cummings LLP

BUILD Act Includes Added Protection and Incentives for Brownfield Redevelopment and Renewable Energy

The Consolidated Appropriations Act of 2018, which President Trump signed on March 23, 2018, includes 2,300 pages of appropriations and priorities for the operation of the federal government over the next fiscal year. It also...more

Cole Schotz

Proposed Changes To CERCLA/Superfund, Brownfield Redevelopment Projects – Trump’s Infrastructure Plan Impacts More Than Planes,...

Cole Schotz on

On February 12, 2018, the Trump Administration released its much-anticipated Infrastructure Plan. While the bulk of the more than 50-page document proposes a wide array of funding and reforms for various infrastructure...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

BakerHostetler

CERCLA, RCRA, and Vapor Intrusion: Does What Happens in Vegas Really Stay in Vegas?

BakerHostetler on

In Voggenthaler v. Maryland Square LLC, 724 F.3d 1050 (9th Cir. 2013), the defendants argued that contamination that happened in Vegas, stayed in Vegas, and therefore the Commerce Clause barred the application of CERCLA. The...more

Pillsbury Winthrop Shaw Pittman LLP

EPA’s New "Institutional Controls" Guidance May Raise Issues in Cleanups and Transactions

The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the Department of Defense. The...more

BakerHostetler

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

BakerHostetler on

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Burr & Forman

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

Burr & Forman on

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

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