In most wetlands cases, landowners are challenging determinations by the Army Corps of Engineers (Corps) that wetlands are present on their property. However, in Deerfield Plantation Phase II-B Property Owners Association v Army Corps of Engineers , 2011 U.S.Dist. LEXIS 75766 (D.S.C. 7/12/11), the plaintiffs argued that the Corps improperly determined that only a fraction of […]
An Unusual Wetlands Case Read More »
We have been sharing and commenting on articles discussing how lenders are becoming increasingly concerned about borrowers who lease their property to allow hydraulic fracturing (“fracking”). The operations permitted by the leases on what is typically rural or agricultural land include storage of hazardous substances and wastewater that likely would constitute defaults under the mortgages.
Why Property Owners Should Consult Lawyers Before Signing Gas Leases Read More »
In Sunrise Harbor Realty LLC v 35th Sunrise Corp, 2011 N.Y. App. Div. LEXIS 5834 (App. Div-2nd Dept 7/12/11), the plaintiff owned a commercial building in Copiague, New York. The plaintiff contemplated purchasing the adjacent property that contained a gas station to expand its building. A phase 2 detected petroleum-contaminated groundwater migrating onto the plaintiff
New Damages Trial Ordered For Vapor Intrusion Read More »
In Weiden Lake Property Owners Association, Inc. v Jeff A. Klansky and Cabot Oil & Gas Corporation, 2011 N.Y. Misc. LEXIS 4081 (Sup Ct-Sullivan Cty 8/18/11), a New York state court ruled that a property owner was barred from leasing his property for natural gas and exploration because those activities were barred by restrictive covenants
Ct Rules Fracking Barred by Subdivision Covenants Read More »
Shareholder Representative Services (SRS) recently issued the results of its M&A Deal Terms Study covering 196 private-target acquisition agreements. The deals closed between July 2010 and September 2011. The 2011 study compares results against an earlier study that encompassed deals from July 2007 to July 2010. Some of the interesting findings are: use of escrows
Study Analyzes Trends In Key Terms in M&A Deals Read More »
In US v Donovan, 2011 U.S. App. LEXIS 22026 (3rd Cir. 10/31/11) this case, appellant Donovan owned a four-acre parcel situated within the watershed of the Sawmill Branch. Water from stream channels on the property flowed into the Sawmill Branch which was a navigable water. The Branch then flowed into the navigableSmyrnaRiver which was connected
Third Circuit Upholds Corps Wetlands Determination Read More »
The New York Court of Appeals heard oral argument on November 14th on whether the New York State Department of Environmental Conservation (NYSDEC) exceeded its authority when its set a goal of cleaning hazardous sites to “pre-disposal conditions” in its superfund regulations. After the NYSDEC revised its Part 375 regulations in 2006, the New York
NY Court of Appeals Hears Challenge to State Superfund Regulations Read More »
Article 12 of the New York State Navigation Law imposes strict liability on “dischargers” of petroleum. The term “discharger” has been broadly construed so that it can encompass owners of property with abandoned or inactive underground storage tanks (USTs) even where the owners never used the tanks. A recent New York State appeals court illustrates
NY State Court Affirms Broad Liability for Owners of Property With Old USTs Read More »
Section 198(a) of the Internal Revenue Code allows owners of qualified brownfield sites to deduct their cleanup costs in the year they are incurred. To qualify for this deduction, the owner must obtain a certification from the state where the site is located that the site qualifies as a brownfield. The NYC Office of Environmental
NYC Brownfield Projects Now Eligible for IRS Tax Deduction Read More »
Purchaser found contamination after closing and filed lawsuit under citizen suit provision of RCRA 7002 . Defendant brings counterclaim asserting that plaintiff is obstructing remediation by denying access. Court denies plaintiff motion to dismiss on grounds that its obstruction could be construed as active storage of wastes and allowing continued leaching of wastes. Therefore, plaintiff