Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights
The Rhode Island Department of Environmental Management (RIDEM) has announced the release of the 2025 Guidelines and Request for Proposals (RFP) for the Brownfields Remediation and Economic Development Fund Grants....more
The Senate Committee on Environment and Public Works (EPW) on Feb. 5, 2025, held a markup on the Brownfields Reauthorization Act of 2025 (S. 347), where the legislation was unanimously reported to the full Senate. To date,...more
The United States Environmental Protection Agency (“EPA”) issued a news release on September 6th, stating it was making available $232 million in grant funding through the federal agency’s Brownfields Assessment, Revolving...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 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 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
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
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
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
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled: Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)...more
EPA announced today that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA. EPA appears to be sanguine about how the listing will play out in the real world. EPA is focused on holding responsible...more
New Jersey has been a leader in addressing the most significant environmental problems of the day. Decades ago, for example, four years before the enactment of CERCLA, the state’s Spill Compensation and Control Act prohibited...more
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
The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and Nashville Gulch Hotel, LLC, (“Nashville Gulch”) executed a March 30th Brownfield Voluntary Agreement (“BVA”) addressing a...more
The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and the Montgomery Partnership (“Montgomery”) executed a February 26th Brownfield Voluntary Agreement (“BVA”) addressing a Memphis,...more
The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and Germantown JV, LLC (“Germantown”) entered into a January 12th Brownfield Voluntary Agreement (“BVA”). The BVA addresses a...more
Pennsylvania’s Environmental Quality Board (EQB) proposed an amendment to Act 2, Pennsylvania's Brownfield and voluntary cleanup program. ...more
• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, joint and several, retroactive liability on property owners and operators for releases of hazardous substances. However,...more
The United States Environmental Protection Agency (“EPA”) announced in an April 25th news release that it had awarded $300,000 to the East Arkansas Planning and Development District(“East District”). The East District is...more
The cost to obtain liability protection under Maine’s very popular Voluntary Response Action Program (VRAP) will soon increase. Effective January 1, 2018, the cost of Maine DEP assistance in reviewing a voluntary response...more