President Trump Revokes 1994 Environmental Justice Memorandum

Uncategorized /

On January 21st, President Trump issued an executive order that revoked a series of policies issued by his predecessors relating to diversity and equity.  This executive order specificiallly revoked Executive Order 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) . Interestingly, Trump memorandum does not expressly […]

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President Trump Issues Executive Order Freezing Pending Regulations

enforcement /

Like every president since 1981, President Trump issued an executive order on his first day of office freezing pending federal regulations. The Trump order instructs federal agencies to immediately withdraw any rules that have been sent to the Office of Fdeeral Register  but not yet published in the Federal Register. For rules that were published

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SCOTUS Ends Chevron Deference-The Wicked Witch is Dead

Air Pollution, Brownfields, CERCLA, enforcement /

The United States Supreme Court issued a trilogy of significant administrative law cases in the last week of its 2023-24 term. The most important of these decisions for brownfield and superfund practitioners was Loper Bright Enterprises v. Raimondo, 2024 U.S. LEXIS 2882 (June 28, 2024) where the Court abandoned its 40-year old “Chevron” doctrine that

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Purchaser Unable to Assert BFPP Defense After Phase 1 Failed to Discover Historic Dumping on Farm Land

Brownfields, CERCLA, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Methane Gas, vapor intrusion /

A federal court found there were triable issues if a purchaser qualified as a bona fide prospective purchaser (BFPP) because of alleged flaws in a phase 1 environmental site assessment. In Stratus Redtail Ranch LLC v. IBM, 2022 U.S. Dist. LEXIS 8723 (D. Col. 1/18/22), the plaintiff had acquired a 290-acre parcel of agricultural land

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NYSDEC Proposes Revisions to Commissioner’s Policy (CP)-51 Soil Cleanup Guidance

Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, oil spills /

The New York State Department of Environmental Conservation (“NYSDEC”) has release proposed revisions to its CP-51 Soil Cleanup Guidance. This polcy which was first issued in 2010  describes  procedures for developing soil cleanup levels for contaminants  not otherwise listed in the seven sets of Soil Cleanup Objective (SCOs) set forth in 6 NYCRR Part 375.

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Court Finds Triable Issue If Purchaser Can Assert Innocent Landowner Defense Due To Flawed Phase 1

CERCLA, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Underground Storage Tanks, vapor intrusion /

Some of the more interesting CERCLA cases involve lawsuits between current and former property owners. Usually, the current owner assumes it qualifies as bona fide prospective purchaser (BFPP) or for the Innocent Landowner (ILO) Defense and sues the defendant/former owner for cost recovery. The defendant/former owner invariably files counterclaims alleging the current owner/plaintiff is not

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Court Allows Breach of Contract Claim Against Environmental Consultant for Inadequate Records Search to Proceed

Brownfields, CERCLA, consultant malpractice, Environmental Due Diligence, Hazardous Waste, Underground Storage Tanks /

Much of the focus of the 2021 revisions to ASTM Phase 1 Environmental Site Assessment Standard E-1527 was to clarify the custom and practice for performing historical investigations-particularly for adjoining properties. Unfortunately, for an architectural firm that dabbled in the phase 1 marketplace these clarifications came too late. In Hathaway Homes, Phase II Limited Partnership

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Magistrate Recommends Dismissing EDR Copyright Infringement Case Over Sanborn Maps

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence /

In a case that has been closely followed by participants in the environmental due diligence market, a magistrate judge has issued a report (2024 R&R) in Sanborn Library LLC v. Eris Information Inc.,  2024 U.S. Dist. LEXIS 76134 (S.D.N.Y. March 25, 2024) recommending dismissing copyright infringement claims of The Sanborn Library LLC (SBL) against defendant

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NYSDOH Revises Vapor Intrusion Guidance to Add Volatile Petroleum Compounds

Brownfields, Disclosure of Environmental Liabilities, Environmental Due Diligence, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, Underground Storage Tanks, vapor intrusion /

In February 2024, the New York State Department of Health (NYSDOH) updated the decision matrices to its “Guidance for Evaluating Soil Vapor Intrusion in the State of New York” (” VI Guidance) to  include 13 volatile petroleum  compounds .  Previously, the NYSDOH decision matrices only assessed potential human health risks for contaminated vapors associated with

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NYSDEC Publishes Notice of Draft Revisions to Part 375 Regulations in State Register

Brownfields, New York Brownfield Cleanup Program, NY State Superfund /

The New York State Department of Environmental Conservation (“NYSDEC”)  presented a Valentine’s Day gift to brownfield developers and responsible parties when the New York State Register Published notice of the long awaited overhaul of the NYSDEC Part 375 regulations which  govern the agency’s remedial programs. The actual regulatory language will be availabe on the NYSDEC

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