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Environmental Policies Brownfield Properties

Williams Mullen

Carolinas Environmental Legislative Update

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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

Saul Ewing LLP

EPA Action Designates Two Widely Used PFAS as Hazardous Substances Under the Superfund Law

Saul Ewing LLP on

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

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

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

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

Lowenstein Sandler LLP

New Year, (Likely) New Remediation Standards–NJDEP Kicks Off 2024 With Proposed Ground Water Quality Standards

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

Mintz

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

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

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

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

BCLP

Biodiversity net gain: further clarification with 6 months to go

BCLP on

We have been closely following the emerging details of the new biodiversity net gain (BNG) regime and the emerging market for off-site BNG which is expected to come into force for most planning applications in November 2023...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

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

Williams Mullen

A Dialogue with Mike Rolband, Director of Virginia DEQ

Williams Mullen on

Mike Rolband was appointed Director of the Virginia Department of Environmental Quality in January 2022. Recently, Channing Martin, a partner in the Environment and Natural Resources Group at Williams Mullen, had the...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

BCLP

Emerging details of the new Biodiversity Net Gain regime

BCLP on

The DEFRA consultation published this month on the scope of the biodiversity net gain regulations to be introduced under powers in the Environment Act 2021, provides developers and landowners with a much clearer indication of...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

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