News & Analysis as of

Environmental Liability State and Local Government

Mandelbaum Barrett PC

NJDEP Proposes to Revamp its Remedial Action Permit Process

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To follow up our prior Environmental Blog discussing the proposed amendments to the Site Remediation Reform Act (SRRA) 2.0, another significant change relates to the remedial action permit (RAP) framework, aiming to...more

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

Contamination/Asset Purchase Agreement: Federal Appellate Court Interprets Indemnification Provision

The United States Court of Appeals for the Seventh Circuit (“Court”) addressed in a March 31st Opinion the indemnification provision of an Asset Purchase Agreement (“APA”) involving contamination that was identified...more

Buckingham, Doolittle & Burroughs, LLC

Purchasing an Ohio Business: Traps for the Unwary

Most business acquisitions are structured as purchases of assets in order to insulate the buyer from exposure to the liabilities of the seller. While that is generally an effective strategy, there are exceptions and nuances...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

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

McNees Wallace & Nurick LLC

PADEP Responds to COVID-19: How to Ask PADEP for a Temporary Suspension of Environmental Compliance Obligations

In response to the COVID-19 pandemic, the Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of a process for requesting temporary suspensions of environmental permitting and...more

Williams Mullen

EPA Issues COVID-19 Guidance on Enforcement Discretion

Williams Mullen on

Among the challenges faced by manufacturers and other regulated parties in dealing with the COVID-19 pandemic is ongoing compliance with environmental laws. For weeks, manufacturers and other regulated entities have asked...more

Dentons

FAQs: Environmental Compliance & COVID-19

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Many of our clients have some state or federal environmental compliance obligations. We understand there is concern with how COVID-19 will impact your business, facility, or municipality, including your compliance...more

Dentons

Environmental Compliance Precautions

Dentons on

Even with guidance from EPA and the Iowa Department of Natural Resources (IDNR) announcing enforcement discretion during the COVID-19 pandemic, businesses, facilities, or municipalities should consider implementing certain...more

WilmerHale

DOJ Significantly Limits the Use of Supplemental Environmental Projects

WilmerHale on

The US Department of Justice (DOJ) Environment and Natural Resources Division has announced a major overhaul in the use of Supplemental Environmental Projects (SEPs) - a key penalty mitigation approach commonly used in...more

Downey Brand LLP

California Supreme Court Holds Medical Marijuana Zoning Ordinance is a Project Subject to CEQA

Downey Brand LLP on

Every CEQA analysis begins with the threshold question of whether the activity is a “project” as defined by Public Resources Code section 21065 and 21080. In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the...more

Best Best & Krieger LLP

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more

Seyfarth Shaw LLP

That’s The Last Straw: California Places New Restrictions On Restaurants

Seyfarth Shaw LLP on

On September 20, 2018, California Governor Jerry Brown signed into law AB 1884 and SB 1192, which prohibit certain restaurants from offering plastic straws and restrict the default beverage in kid’s meals to water or milk....more

Troutman Pepper Locke

PFAS to Drive Environmental Enforcement in 2019

Troutman Pepper Locke on

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that have been used in various manufacturing processes throughout the past century, have made headlines around the country due to emerging...more

Pierce Atwood LLP

Maine’s “Wicked Good” Voluntary Cleanup Program

Pierce Atwood LLP on

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

Bilzin Sumberg

Editorial: Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise

Bilzin Sumberg on

Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine inches of SLR over the past 100 years. The roughly four and one-half inches of rise in the...more

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