News & Analysis as of

Site Remediation Contaminated Properties State and Local Government

Robinson+Cole Environmental Law +

It’s Official, the Transfer Act will be “Sunset”

For the last 40 years, the Connecticut Transfer Act has primarily driven the remediation of contaminated property in Connecticut—this will change early next year. Currently, the Connecticut Transfer Act (Conn. Gen. Stat....more

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

Verrill

The Brownfields Tax Credit

Verrill on

In August, Governor Healey signed the FY 2024 budget legislation extending for five years until January 1, 2029, the Brownfields Tax Credit that was set to expire at the end of 2023. Consequently, the redevelopment community...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

Pullman & Comley, LLC

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

Pullman & Comley, LLC on

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

Greenbaum, Rowe, Smith & Davis LLP

Atlantic Richfield v. Christian: Despite Initial Concerns, SCOTUS Decision Does Not Open Floodgates for State Court Challenges to...

Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Carlton Fields

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

Carlton Fields on

Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

Pullman & Comley, LLC

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

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

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

Pullman & Comley, LLC

ALERT: Connecticut DEEP seeks to Overhaul Remediation Standards

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

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