The United States Court of Appeals finally issued its much anticipated ruling in PCS Nitrogen v Ashley II of Charleston, 2013 U.S. App. LEXIS 6815 (4th Cir. 4/4/13) last week. However, the wait turned out to be much ado about nothing. The court affirmed the district court rulings but did not clarify perhaps the most […]
Fourth Circuit Affirms Ashley Rulings Read More »
For the third straight year, a brownfield project we have worked on has been recognized for one of the Brownfield Awards issued annually by the NYC Brownfield Partnership to promote excellence in brownfield redevelopment. Each year the NYC Brownfield Partnership formally recognizes successful NYC brownfield clean-up and redevelopment projects at the Big Apple Brownfield Awards (BABA)
Another Client Project Wins Big Apple Brownfield Award Read More »
The ASTM task group that is responsible for finalizing the E1527 phase 1 standard has completed its final proof-reading and editorial changes. The revised standard will now go to EPA for approval. If EPA blesses the changes( which we believe it will), the E1527-13 will become the equivalent for complying with the All Appropriate Inquiries
Revised ASTM Phase 1 Standard To Be Reviewed by EPA Read More »
All Federal agencies are required to comply with the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The federal Department of Housing and Urban Development (HUD) has established regulations implementing NEPA at 24 CFR Part 50 when HUD staff performs environmental reviews and Part 58 when local governments assume HUD responsibility. In New
How Affordable Housing Developers Can Use the NYC Brownfield Program To Satisfy NEPA Read More »
This post is the first installment of a new series discussing common mistakes and best practices for brownfield development. In this piece, we discuss PCBs in building materials. The unexpected presence of PCBs in building materials is a common source of cost overruns in brownfield redevelopment projects are costs and delays. Recently, EPA announced a
EPA PCB Reinterpretation Will Help Facilitate Brownfield Development Read More »
We have frequently written on the heightened risks that lenders face when foreclosing or taking control of the property of defaulted borrowers. See Ohio Bank to Reimburse EPA. Despite several high-profile enforcement cases such as the HSBC case in New York that illustrate the potential exposure that lenders face when they take control over a borrower’s
Bank Agrees To Reimburse EPA for Post-Foreclosure Removal Action Costs Read More »
The United States Court of Appeals for the Fourth Circuit heard oral argument in early December on the appeal of the Ashley II of Charleston v PCS Nitrogen decision, 2010 U.S. Dist. LEXIS 104772 (D.S.C. 9/20/10). The case involves a 43-acre Columbia Nitrogen Superfund Site in the Upper Peninsula area of Charleston, South Carolina. The
4th Circuit Hears Oral Argument on Ashley II Case Read More »
New York State Empire State Development (ESD) has extended the deadline for municipalities to submit applications for participating in the second round of the New York Land Bank Program. The new deadline for submitting application is January 30, 2013. The program was created by Article 16 of the Not-for-Profit Corporation Law. Under the program, governmental
NY Land Bank Application Deadline Extended Read More »
EPA has revised its three model letters that may be used by regional offices when drafting site-specific comfort/status letters for lessees involved in renewable energy projects on contaminated property. The letters are intended to provide lessees who are contemplating leasing property for a proposed renewable energy development and request a comfort/status letter from the EPA. The letters describe the information
EPA issued revised guidance discussing the potential applicability of the CERCLA Bona Fide Prospective Purchaser (BFPP) liability protection to tenants who lease contaminated or formerly contaminated properties. Revised Enforcement Guidance Regarding The treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Protection. The guidance supersedes EPA’s January 14,2009 guidance titled “Enforcement Discretion Guidance Regarding the Applicability
EPA Issues Revised Guidance on Applicability of BFPP Protection To Tenants Read More »