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State and Local Government Site Remediation

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

Dorsey & Whitney LLP

Energy Law: Month in Review - March 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

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

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s New Site Remediation Rule Proposal Contains Controversial New Reporting Requirements

The New Jersey Department of Environmental Protection (NJDEP) recently issued a rule proposal seeking to amend numerous regulations related to the Site Remediation Reform Act of 2009 (SRRA). Included among these proposed...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s Newly Adopted Amendments to Ground Water Quality Standards Will Significantly Impact Ongoing Remediation Projects in New...

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

BCLP

PFAS in Soil: State Regulations - Updated February 2024

BCLP on

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

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

Bricker Graydon LLP

ODOD to Accept Applications for Funding Beginning October 31

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The Ohio Department of Development (ODOD) recently released further application details and information regarding its Building Demolition and Site Revitalization Program (the Program), which recently received renewed funding...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - October 2023

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Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...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

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Publishes New Interim Remediation Standards for GenX Chemicals (a PFOA Substitute)

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

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

Dickinson Wright

Major New Brownfield and Site Remediation Funding in Ohio

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Ohio’s new biennial budget, signed into law by Governor DeWine on June 30, brings good news for the redevelopment of brownfields and other distressed properties in Ohio. Ohio Revised Code (“R.C.”) section 122.6511 institutes...more

Beveridge & Diamond PC

Washington Department of Ecology Releases Draft Green Remediation Guidance

At the end of May, the Washington Department of Ecology (Ecology) issued draft Green Remediation guidance for public review and comment. The comment period ends June 25, 2021. Ecology’s purpose in developing the guidance...more

Harris Beach Murtha PLLC

New Connecticut DEEP Regulations Create Obligations For Properties With Existing ELURs

The Connecticut Department of Energy & Environmental Protection (“DEEP”) has issued revised, final regulations for both Remediation Standard Regulations and Environmental Use Restrictions (“EURs”) (which include both...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Announces Further Extension Of Certain Remediation Timeframes Amidst Lingering Public Health Emergency

On February 1, 2021, the New Jersey Department of Environmental Protection (NJDEP) extended the deadlines, known as timeframes, for the completion of certain milestones in the New Jersey site remediation process. The...more

Pullman & Comley, LLC

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

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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

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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

Lowenstein Sandler LLP

NJDEP Announces Blanket 90-Day Extension to Remediation Deadlines in Response to COVID-19

Since at least March 9, the day that Governor Phillip D. Murphy signed Executive Order No. 103 (EO 103) declaring a state of emergency in response to COVID-19, regulated entities and business organizations in New Jersey have...more

Carlton Fields

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

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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

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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

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

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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

2019 Connecticut Environmental Legislative Update : Common Sense, a Camel, and Further Discussion: Connecticut Amends the Transfer...

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The environmental law everyone loves to hate? In Connecticut, no contest: the Transfer Act, Conn. Gen. Stat. §22a-134 et seq., which requires a regulatory filing and exhaustive site investigation and remediation whenever...more

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