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Addressing Environmental Issues in Real Estate Development
The government’s consultation on the proposed new system of Environmental Outcome Reports to replace the existing environmental assessment regime, provides a clearer idea of how it is likely to work in practice. In this...more
Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...more
On December 15, 2022, the United States Environmental Protection Agency (EPA) took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments. As previously noted, ASTM...more
In the midst of a news cycle the government will otherwise want to forget, the Court of Appeal handed down its long anticipated decision in the challenge to the changes to the Use Classes Order (“UCO”) and the Permitted...more
The American Society for Testing and Materials (“ASTM”) is expected to release a revised international standard for Phase I Environmental Site Assessments (“ESAs”) in December of 2021 that will clarify a number of key...more
With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more
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
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
The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more
The Los Angeles County Metropolitan Transportation Authority (Metro) has authorized a three-year $27.5 million environmental and engineering study to investigate the replacement of existing High-Occupancy Vehicle (HOV) lanes...more
In Sacramentans for Fair Planning v. City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento’s use of a sustainable communities environmental assessment (“SCEA”)...more
The US District Court for the District of Columbia has blocked the US Bureau of Land Management (BLM) from issuing new oil and gas drilling permits on approximately 300,000 acres of federal land in Wyoming until it adequately...more
If your corporate or real estate deals cross state lines, you know different jurisdictions do the same things different ways, sometimes maddeningly so. Environmental regulation is a prime example. Originally published in...more
The United States Environmental Protection Agency (“EPA”) announced in a May 18th news release that the City of Slidell, Louisiana, (“Slidell”) was recognized for its reuse of a federal Comprehensive Environmental Response,...more
On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more
The United States Environmental Protection Agency (“EPA”) has issued a November 21st document related to contaminated sediment sites titled: Sample CWA/CERCLA Memorandum of Understanding for Regions, States, Tribes, and...more
The Subcommittee on Environment of the United States House Energy and Commerce Committee has scheduled a hearing addressing the federal Comprehensive Environmental Response, Compensation, and Liability Act or Superfund...more
The United States Environmental Protection Agency (“EPA”) announced in a January 8th news release that it is awarding $71,430 to the Arkansas Department of Environmental Quality (“ADEQ”). The award is stated to be provided...more
The Chairman and two Subcommittee Chairmen from the United States House of Representatives Committee on Energy and Commerce (“Committee”) addressed a December 21st letter to Administrator Scott Pruitt of the United States...more
The United States Environmental Protection Agency (“EPA”) issued a December 8th news release identifying 21 sites that it has targeted for what it describes as “immediate and intense action.” No Arkansas sites are found on...more
Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more
To supplement our prior blog posts with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I...more
On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more
Effective December 30, 2013, the Environmental Protection Agency (EPA) has amended its regulations for site assessments in real estate transactions to add a new standard, ASTM E1527-13, as satisfying the agency’s requirements...more