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 […]
SCOTUS Ends Chevron Deference-The Wicked Witch is Dead Read More »
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
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
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
Magistrate Recommends Dismissing EDR Copyright Infringement Case Over Sanborn Maps Read More »
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
NYSDOH Revises Vapor Intrusion Guidance to Add Volatile Petroleum Compounds Read More »
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
NYSDEC Publishes Notice of Draft Revisions to Part 375 Regulations in State Register Read More »
EPA will publish a final rule in the federal register on December 15th amending its All Appropriate Inquiries (AAI) Rule by recognizing ASTM E1527-21 as a method for complying with AAI and withdrawing the reference to ASTM E1527-13. The rule will become effective 60 days from the date of publication in the federal register. The
EPA To Publish AAI Update Withdrawing Reference to ASTM E1527-13 Read More »
Apparently enough property owners are failing to comply with their reporting and inspection obligations for certifying that institutional and engineering controls remain protective of human health and the environment that the Mayor’s Office of Environmental Remediation (OER) feels it is necessary to enhance its enforcement authorities. Under recently a proposed rule, OER would be expressly authorized
OER Proposes New Enforcement Rules for Voluntary Cleanup and “E” Designation Programs Read More »
As we predicted, EPA received numerous negative comments to its Direct Final Rule that would have recognized that the new ASTM E1527-21 phase 1 standard may be used to comply with the All Appropriate Inquires (AAI) rule for asserting certain landowner liability defenses and qualify for brownfield grants. All of the comments criticized EPA’s plan to
The New York State budget process is notorious for its murky and secretive process. Under the State Constitution, the Governor proposes a budget in mid-January that contains substantive policy legislation and can unilaterally amend the proposal within 30 days. After the 30-day period expires, amendments can only be made with consultation of the Senate and