[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Insights from decades of intense scrutiny of dioxins and PCBs in the environment, beginning in the 1960s, remain pertinent to our current challenges with PFAS. The lessons learned regarding detection and measurement,...more
The Supreme Court, Appellate Division of New York (“Appellate Division”) addressed in an April 3rd Memorandum and Order (“Memorandum”) issues arising in connection with the rehabilitation of a one-million-gallon standpipe....more
The proposed rule would potentially usher in a future of broad testing for certain PFAS at New Jersey remediation sites....more
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
The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more
In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more
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
In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation...more
On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The...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
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
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
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
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
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
Costs to clean up environmentally impacted real estate have continued to increase. A variety of factors have caused this trend including: listing of new contaminants, enhanced focus on contamination pathways like vapor...more
In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more
In my last blog, I discussed the seminal ruling in Chisholm’s-Village Plaza, LLC v. Travelers Insurance Co., et al.; No. 2:20-cv-00920-JB-KRS, in which the United States District Court for the District of New Mexico analyzed...more
On June 5, 2023, the New Jersey Department of Environmental Protection (NJDEP) published in the New Jersey Register that effective immediately, the NJDEP has enacted interim groundwater, migration to groundwater, and soil...more
New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more
...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled: Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)...more
The Washington State Department of Ecology (“WSDE”) issued a December 2022 document titled: Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State (“Guidance”)...more