Ct Finds Reheater Replacement Projects Triggered New Source Review

Air Pollution, Corporate and Real Estate Transactions, Environmental Due Diligence /

In United States v. La. Generating, LLC, 2012 U.S. Dist. LEXIS 134195 (M.D. La. 9/19/12), a federal district court ruled that reheater replacement projects for a coal-fired power plant did not qualify for the Routine Maintenance, Repair and Replacement (RMRR) exception to the New Source Review (NSR) program. As a result, the defendant who acquired the coal plant […]

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Georgia District Court Narrowly Construes Right of Cost Recovery

Brownfields, CERCLA, Environmental Due Diligence /

There is no polite way to sugarcoat the opinion of the United States District Court for the Northern District of Georgia in Stratford Holdings LLC v Fog Cap Retail Investors LLC and Footlocker Retail , Inc. , No 1:11-C-3463 (Sept. 17, 2012).This is a bad decision that reflects a fundamental misunderstanding of CERCLA. If followed

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Documerica Project Captures Environmental Images From 1970s

Air Pollution, CERCLA, Hazardous Waste, oil spills, Water Pollution /

New York City enjoyed classic fall weather last week with cloudless skies and crisp temperatures. Depending on how high your office or apartment was located, you could see all the way down to New York Harbor, see Yankee Stadium in the Bronx or Citifield where the Mets play. On days like these, it is hard

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EB-5 Visa Program Becomes Important Source of Project Funding in NYC

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

In parts of NYC, it feels like 2006 again with construction projects on every block. How is this possible at a time when lenders still shying away from construction loans and equity investors demand 20% returns? One popular source of relatively cheap financing is the so-called EB-5 visa program that is available to foreigners who invest

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Ct in MGP Case Awards Orphan Share For Civil War Era

CERCLA, Corporate and Real Estate Transactions /

When environmental lawyers explain the scope of CERCLA liability to property owners, we frequently tell them that they could be liable for all contamination at a property even that dating back to the Civil War. Of course, an southern attorney might refer to that 19th century conflict as the War Between the States or the

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Banks Growing Concerned Over Liability Concerns in Brazil

Lender Liability /

Brazil has a robust economy but some foreign lenders are growing concerned about participating in this expanding market because of potential liability for environmental issues associated with projects they finance. This anxiety follows a 2009 decision by the Superior Court of Justice,Brazil’s highest federal court of appeals, that suggested a lender could be liable for

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Settlement Reached in Securities Class Action Suit For Inadequate Environmental Disclosure

bankruptcy, Corporate and Real Estate Transactions, Disclosure of Environmental Liabilities /

The 2009 bankruptcy filing of Tronox, Inc. has spawned some interesting litigation. A trial commenced in May in the bankruptcy court for the Southern District of New York where a Litigation Trust formed as part of the Tronox reorganization plan is seeking $25B in damages from Kerr-McGee, a subsidiary of Anadarko Petroleum. Tronox, a manufacturer

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7th Circuit Declines To Apply Third Restatement of Torts in Apportionment Case

CERCLA, Corporate and Real Estate Transactions /

In U.S. v. NCR Corp., 2012 U.S. App. LEXIS 16097 (7th Cir. 8/3/12) the United States Court of Appeals for the Seventh Circuit declined to adopt the Third Restatement of Torts reflecting a national trend away from joint liability. This ruling seems to fly in the face of the legislative history of the Comprehensive Environmental

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NYC Launches Initiative To Reduce Grease Discharges To Sewer System

Water Pollution /

Fats, oil and grease (FOG) found in food ingredients can build up in sewer systems and constrict flow, causing sewer back-ups and interfere with sewage treatment processes.  According to the federal EPA, 40% of sewer backups are caused by grease clogging the sewers Many buildings in NYC have executive dining rooms, employee cafeterias and restaurants

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