EPA Memo Details Proposed EPA Budget Cuts
EPA Memo Details Proposed EPA Budget Cuts Read More »
NYSDEC To Finally End Voluntary Cleanup Program
In 1994, the New York State Department of Environmental Conservation (NYSDEC) established an administrative voluntary cleanup program (VCP) in which landowners, prospective purchasers and other parties could investigate and/or remediate sites that are contaminated with hazardous substances and petroleum under the supervision of the NYSDEC (See “Organization and Delegation Memorandum #94-32, Policy: Voluntary Cleanup Program”).
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Remedial Program Reform Proposals for EPA Administrator Pruitt
Regulatory reform is at the centerpiece of the Trump Administration’s plan to stimulate economic growth. During the presidential campaign, candidate Trump vowed to rollback a variety of Obama Administration Climate Change Initiatives but said little about EPA remedial programs such as the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or superfund). Based on
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THE TEN COMMANDMENTS OF ENVIRONMENTAL LAW
The collective wit and wisdom from three decades of practicing environmental law (in no order of importance). 1.Thou shall not call the environmental lawyer the day before the closing 2. Thou shall not accept without further inquiry a Phase 1 reports that says there are no RECs 3. Thou shall be concerned when the Phase
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Pre-Publication Notice Identifying 30 Environmental Rules Subject to Regulatory Freeze
In a prior post, we discussed the regulatory freeze that had been implemented by the Trump Administration on its first day in office. The moratorium applied to proposed rules issued by the Obama Administration since election day that had not yet gone into effect. We provided a list of environmental and energy rules that were
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What Obama-Era Environmental Regulations May Be Revoked Under the Congressional Review Act
In our prior Post, we discussed the regulations proposed by the Obama Administration since election day that would be subject to the moratorium issued by the Trump Administration. In this post, we cover the Obama-era regulations that have already gone into effect that my be vulnerable to recession under the Congressional Review Act (CRA). The
What Obama “Midnight Rules” Are Subject to the Trump Regulatory Freeze?
Since the Carter Administration, it has become customary for outgoing presidential administrations to issue a plethora of new regulations between election day and the inauguration. These rules are often called “midnight rules”. In response, the incoming administrations have issued executive orders or memorandum to temporarily delay or “freeze” these midnight regulations” so the new administration
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EDR Commonground Interview On the State Environmental Due Diligence
This interview occurred at the old Yankee Stadium in 2008 shortly after the last game was played. [youtube]https://www.youtube.com/watch?v=obhKtJQTLBo[/youtube]
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Court Dismisses Action Against DEC For Breach of VCA
A 20-year old voluntary cleanup agreement (VCA) was the subject of the dispute before the New York Court of Claims in Alaskan Oil, Inc., v. State of New York, Claim No. 116072 Motion No. CM-81863 (Ct. Claims 7/25/16). In this case, claimant Alaskan Oil Inc. acquired approximately 40 properties owned by Parrish Energy Fuels, Inc.,
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Appellate Court Restricts NYSDEC Ability to Spend Superfund Money
A legal maxim is that bad facts often make bad law. It appears that complex facts may have confused an Appellate Division court in In the Matter of FMC Corporation vs New York State Department of Environmental Conservation, 2016 N.Y. App. Div. LEXIS 6785 (App. Div.-Third Dept. 10/20/16) where the three judge-panel appeared to rule
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