[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
On August 28, the New Jersey Department of Environmental Protection (NJDEP) issued a “Per- and Polyfluoroalkyl Substances (PFAS) Sampling Fact Sheet” (Fact Sheet), setting forth several considerations for persons responsible...more
These powerful storms are unpredictable, and despite our best efforts to prepare, they often leave a trail of destruction in their wake. When the winds finally die down and the floodwaters recede, they often leave behind a...more
The Arkansas Water Resources Center (“AWRC”) announced in its June 28th Research Bulletin that six projects are to receive seed funding from its 104(b) base grant in 2024. AWRC states that the projects will be conducted...more
On May 8th, Ohio State Representatives Thomas Hall and Bride Sweeney jointly introduced House Bill 519 to restore the Clean Ohio Revitalization Fund (CORF) and provide for its administration. The CORF is envisioned as a...more
Co-Author JD Bruning The District Court of Maryland (“District Court”) in an April 9th Opinion addressed an issue involving a contract dispute stemming from an environmental assessment. See District of Columbia Water and...more
Facing bellwether trials in the Aqueous Film Forming Foam (AFFF) multi-district litigation (MDL) later this year for claims brought by public water systems due to the alleged per- and polyfluoroalkyl substances (PFAS)...more
Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not...more
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...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
This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more
The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...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
The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect...more
The U.S. Environmental Protection Agency kicked off the New Year by strengthening its guidance for investigating and cleaning up lead-contaminated soil at residential properties, especially in areas where children live and...more
The U.S. Attorney’s Office (Middle District of Georgia) issued a January 18th press release stating that Care Environmental Corporation (“CEC”), which is headquartered in Hackettstown, New Jersey, was sentenced for alleged...more
The United States Senate Environment & Public Works Committee (“Committee”) has moved to the full Senate legislation titled: Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (“Mines Act”)...more
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
Working as part of a transactional team here at Burns & Levinson, the attorneys in the Environmental Group assist with due diligence activities and provide guidance on contractual language to document accurate representations...more
On December 14, 2023, Alberta's Minister of Environment and Protected Areas (EPA), Rebecca Schulz, announced the launch of two new pilot projects aimed at improving and expediting the well site reclamation process in the...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
In September, NJDEP’s Contaminated Site Remediation and Redevelopment program (CSRR) issued new guidance (the Administrative Guidance for Green, Sustainable, and Resilient Remediation) encouraging the use of green and...more
When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets Unfortunately, once title vests in an estate or...more
Typically, final remediation documents (no-further-action letters, response action outcomes, and the like) signal the end of remediation at a contaminated site. Upon receipt of the documents, responsible parties can often...more