News & Analysis as of

Contaminated Properties State and Local Government Real Estate Development

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

Goulston & Storrs PC

Reimbursement for Remediation: Massachusetts Brownfields Tax Credits Program Extended

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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

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

J.S. Held

The Evolution of Brownfield Redevelopment

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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

Goulston & Storrs PC

New Massachusetts Brownfields Tax Credits Regulations Just Released

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The Massachusetts Department of Revenue (DOR) issued final regulations effective July 9, 2021 (the Regulations) that are intended to aid in the implementation of the Massachusetts Brownfields Tax Credits program, which was...more

Pullman & Comley, LLC

UConn’s Connecticut Brownfields Initiative to Provide Support to Municipal Entities and Others Who Are Seeking EPA Brownfield...

Pullman & Comley, LLC on

The Connecticut Brownfields Initiative of the University of Connecticut recently announced the release of a Request for Proposals for its Municipal Assistance Program starting in the fall of 2021.  The Municipal Assistance...more

Kramer Levin Naftalis & Frankel LLP

The New York State Brownfield Cleanup Program: Budget Updates and Looking Ahead to an Extension

Governor Cuomo’s FY 2022 Budget provides relief to participants in the New York State Brownfield Cleanup Program (BCP) that risk losing their Tangible Property Tax Credit due to pandemic-related and other delays....more

Pullman & Comley, LLC

The Connecticut General Assembly Puts the First Nail in the Transfer Act’s Coffin: Connecticut to Adopt New Release-Based...

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The General Assembly gave Connecticut an early Halloween present during the first week of October when both houses of the legislature passed H.B. 7001, An Act Revising Provisions of the Transfer Act and Authorizing the...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

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Troutman Pepper Locke

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards – Groundwater VOC Volatilization Criteria and Transition Provisions

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On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards– Widespread Polluted Fill

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Bricker Graydon LLP

Resolving zoning challenges between local governments

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Some of the most hotly contested disputes involving political subdivisions in Ohio are zoning disputes. Counties, townships, cities and villages in Ohio are empowered to adopt and enforce comprehensive zoning regulations....more

Pierce Atwood LLP

Maine’s “Wicked Good” Voluntary Cleanup Program

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Maine’s Voluntary Response Action Program (VRAP) was enacted in 1993 to encourage the cleanup and redevelopment of Maine’s contaminated properties....more

Pullman & Comley, LLC

Groundbreaking News - Fall 2018

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Welcome to Pullman & Comley's Real Estate Newsletter, Groundbreaking News. Written by our team of attorneys, you'll find articles that highlight hot topics and developments spaning the fields of real estate, land use and...more

Goulston & Storrs PC

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

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Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

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