News & Analysis as of

Site Remediation Land Developers

Bennett Jones LLP

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

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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

Patton Sullivan Brodehl LLP

Local Government Agencies Can Be “Alter Egos” Too

...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

Katten Muchin Rosenman LLP

New ASTM Standard for Phase I Environmental Site Assessments Takes Legal Effect: What This Means for Scoping Due Diligence

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

Greenberg Glusker LLP

At Last - EPA Approves the New ASTM Phase I Environmental Site Assessment Standard

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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

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About - Part 1

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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

Troutman Pepper

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

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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

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards– Widespread Polluted Fill

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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

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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

Troutman Pepper

NJ Adopts New Site Remediation Rules, Affecting Real Property Owners and Users

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New Jersey has one of the nation’s strictest site remediation regimes, and new amendments to the law may create further compliance challenges for property owners and users....more

Bradley Arant Boult Cummings LLP

CERCLA and the Superfund Task Force: The more things change, the more they stay the same? - Thomson Reuters Westlaw

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more

Pullman & Comley, LLC

ARTICLE : Phase I Environmental Assessment Process(es) in Connecticut: Managing a State-Specific Approach to Achieve Transactional...

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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

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

Tax Sale/Superfund: Federal Appellate Court Addresses Applicability of Third Party Defense

\The United States Court of Appeals for the Ninth Circuit (“Court”) addressed whether a California tax-sale purchaser was entitled to a third-party defense provided by the Comprehensive Environmental Response, Compensation,...more

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

Former Slidell, Louisiana Superfund Site: U.S. Environmental Protection Agency Recognizes Excellence in Reuse

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

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

Brownfields: U.S. Environmental Protection Agency March 15th Federal Register Notice Regarding Supplemental Funding/Revolving Loan...

The United States Environmental Protection Agency (“EPA”) published a March 15th Federal Register notice regarding the availability of supplemental funds for the Revolving Loan Fund (“RLF”) capitalization grants: ...more

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

Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management...

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

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

Contaminated Sediment Sites: U.S. Environmental Protection Agency Sample CWA/CERCLA Memorandum of Understanding

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

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

Modernizing the Superfund Cleanup Program: January 18th U.S. House of Representatives Subcommittee on Environment Hearing...

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

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

Comprehensive Environmental Response, Compensation and Liability Act/Superfund Award: U.S. Environmental Protection Agency...

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

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

CERCLA/Superfund Sites Targeted for "Immediate/Intense Action": December 21st U.S. House of Representatives Committee on Energy...

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

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

CERCLA/Superfund: U.S. Environmental Protection Agency Announces 21 Sites Targeted for "Immediate/Intense Action"

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

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