NYC Brownfield Program Generates $200 in tax revenues for every $1 of Cleanup Grants

Brownfields, New York Brownfield Cleanup Program, NYC OER /

The landmark NYC brownfield program demonstrates the economic benefits of brownfield programs.  The Office of Environmental Remediation (OER) which is responsible for administering the program has calculated the benefits of the first 47 projects that enrolled in the program. The OER analysis indicates that these projects generated city revenue of $369 MM  on a 30- […]

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1993 EPA Memo Clarified CERCLA Jurisdiction For Indoor Contamination

vapor intrusion /

Since vapor intrusion started to come into focus a decade ago, environmental consultants have been debating if vapor intrusion was covered by the standard phase 1 or needed to be specifically added to the phase 1 scope of work. This is not an academic discussion but a real concern to property owners and lenders who are

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For a Second Consecutive Year, An Affordable Housing Client Wins Brownfield Award

Brownfields /

The New York City Brownfield Partnership recently announced its 2012 Big Apple Brownfield Awards (BABA). For the second year in a row, one of our affordable housing clients  has won an award. We helped Exact Capital gain entry into the New York State Brownfield Cleanup Program so that it could build an affordable housing project-Crotona

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Agency File Reviews- The Dark Secret of Phase I reports

Environmental Due Diligence /

Documents in agency files can provide important information on the scope of contamination, how the contamination was assessed and other valuable information on the remedy/institutional controls. Thus, many clients expect that environmental consultants routinely review regulatory agency files when assessing potential RECs at a site. However, many phase 1 “commodity shops” or high volume firms

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State Appeals Ct Affirms Note Purchaser Cannot Bring Nuisance Action For Contamination

common law, Lender Liability, Underground Storage Tanks /

It is no secret that distressed debt investors are eagerly looking for opportunities to purchase defaulted or underwater loans. One strategy used by investors with a healthy risk appetite is to purchase promissory notes secured by contaminated property at deeply discounted pricing. The investor then brings an RCRA 7002 action seeking an order requiring the

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Pipeline Expansion Project May Proceed After Ct Upholds Validity of Easement

Fracking, oil spills /

With the nation is in the middle of building pipeline infrastructure to transport natural gas from fracking operations as well as Canadian oil, I suspect we will see more case like Enbridge Pipelines (Ill.) L.L.C. v. Moore, 633 F.3d 602 (7th Cir. 2011) where landowners argued that a 1939 pipeline easement had expired. Presumably, the

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Appeals Court Reverses Judgment For Seller Who Failed To Disclose Wetlands on Disclosure Form

Disclosure of Environmental Liabilities, wetlands /

We have reviewed several cases where sellers have been held liable for failing to adequately disclose environmental conditions in mandated property condition reports even where the property is sold “as is”. Another example is Wise v. Hays, 943 N.E.2d 835 (Ind. Ct. App. 2011), a state appeals court reversed a grant of summary judgment  in

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Environmental Saga Involves Successor Liability, Bankruptcy and Environmental Justice

bankruptcy, CERCLA, common law, Corporate and Real Estate Transactions, Hazardous Waste /

The most recent decision in Flake v. Schrader-Bridgeport Int’l, Inc., 2011 U.S. Dist. LEXIS 30372  (M.D. Tenn., Mar. 23, 2011) is just another chapter in this long-running environmental saga involving a successor liability, bankruptcy, toxic tort and environmental justice issues along with a piece of American automotive history. This well-traveled case began in a Tennessee county

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Claim For Contaminated Fill Barred By Statute of Limitations

common law, Environmental Due Diligence, Hazardous Waste /

The movement and disposal of fill material from demolition sites tends not to be well-regulated. During the real estate bubble when demand for aggregate was at a premium, unsavory actors in the industry exploited the regulatory gaps. These companies would charge clients to dispose of contaminated fill, pocket the fees and then sell the materials

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Failure To Timely Report Release Raises Triable Issue Sufficient to Preclude Summary Judgment

CERCLA /

Ameripride Services. v. Valley Indus. Services, 2011U.S. Dist. LEXIS 55634 (E.D.Ca. 5/12/11) discussed how delays or failure to comply with CERCLA reporting requirements may impact a claim for contribution or cost recovery. In this case, Texas Eastern Overseas, Inc (TEO) conducted industrial dry cleaning at a facility until 1983 when it sold the property to

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