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 […]
EB-5 Visa Program Becomes Important Source of Project Funding in NYC Read More »
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
Ct in MGP Case Awards Orphan Share For Civil War Era Read More »
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
Banks Growing Concerned Over Liability Concerns in Brazil Read More »
The dog days of August have been particularly cruel to EPA and law professors who are teaching administrative law this semester. In August alone, there separate federal appeals court vacated high profile Clean Air Act initiatives of EPA. The decisions were stunning for their lack of deference to EPA’s interpretations of its Clean Air Act
Tough Summer for EPA and Administrative Law Professors Read More »
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
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
7th Circuit Declines To Apply Third Restatement of Torts in Apportionment Case Read More »
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
NYC Launches Initiative To Reduce Grease Discharges To Sewer System Read More »
A federal district court declined to dismiss a RCRA 7002 action brought by a foreclosing lender against the owner of an adjacent dry cleaner in Forest Park National Bank & Trust v Ditchfield, 2012 U.S. Dist. LEXIS 103007(N.D. Ill. 7/24/12). The court also granted summary judgment on the bank’s CERCLA cost recovery claim. One reason
Foreclosing Lender RCRA Action May Proceed Read More »
In the wake of increased damage from storms as well as growing recognition of the environmental benefits of floodplains, states are increasingly limiting development in areas that are prone to flooding during storms. This regulatory trend sometimes conflicts with state and federal historic preservation programs where historic building may be located in areas that are
Split Decision for NJ Owner in Floodplain Case Read More »
On May 7, 2012, the New Jersey Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (SRRA) became fully effective. With limited exceptions, all site remediation projects in the state of New Jersey regardless of when work began must proceed under the supervision of a Licensed Site Remediation Professional (LSRP) and without New Jersey Department of Environmental
NJ Lawyers Raise Concerns About Transparency of LSRP Program Read More »