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 »
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 »
In the wake of Superstorm Sandy, the New York City Council has commissioned a “building resiliency” task force to study potential changes in the building code to minimize damage from flood events. In announcing the task force, City Council Speaker Christine Quinn said flood protection was the “single most important infrastructure challenge of our time”.
In Wake of Sandy, NYC To Consider Retrofits For Existing Buildings Read More »
In our second post on recent NJ Spill Act decisions involving historic dry cleaners, we examine New Jersey Schools Development Authority v. Marcantuone, 2012 N.J. Super. LEXIS 173 (App. Div. 10/29/12) where the appellate division ruled that a property owner who acquired a site in 1985 without performing environmental due diligence could not qualify for
Historic Dry Cleaners At Heart of Two Key NJ Spill Cases-Part 2 Read More »
2012 has turned out to be a significant year for NJ Spill Act litigation. Two opinions from this fall have been particularly notable to transactional attorneys because they involved a very common scenario encountered in urban areas-namely, properties with a history of numerous dry cleaner operators. Because dry cleaners are small businesses, their environmental impacts
Historic Dry Cleaners At Heart of Two Key NJ Spill Act Cases-Part 1 Read More »
During flooding, systems for heating, ventilating, and air conditioning (HVAC) can become submerged in flood waters. As a result, these systems may contain substantial amounts of dirt and debris and may also become contaminated with various types of microorganisms such as bacteria and fungi. The following recommendations will help ensure that HVAC systems contaminated with
CDC Tips on Cleaning HVAC Systems of Flood-Damaged Buildings Read More »
The federal Department of Housing and Urban Development (HUD) Office of Policy Development and Research (PD&R) has prepared a number of guides, brochures, reports and other resources to assist contractors and homeowners with flood-damaged homes and buildings. Following are links to some of these resources: Rehabbing Flooded Homes: A Guide for Builders and Contractors – This
Helpful Federal Resources for Homeowners and Businesses Damaged By Sandy Read More »
In United States v. La. Generating, LLC, 2012 U.S. Dist. LEXIS 134195 (M.D. La. 9/19/12), a federal district court ruled that reheater replacement projects for a coal-fired power plant did not qualify for the Routine Maintenance, Repair and Replacement (RMRR) exception to the New Source Review (NSR) program. As a result, the defendant who acquired the coal plant
Ct Finds Reheater Replacement Projects Triggered New Source Review Read More »
There is no polite way to sugarcoat the opinion of the United States District Court for the Northern District of Georgia in Stratford Holdings LLC v Fog Cap Retail Investors LLC and Footlocker Retail , Inc. , No 1:11-C-3463 (Sept. 17, 2012).This is a bad decision that reflects a fundamental misunderstanding of CERCLA. If followed
Georgia District Court Narrowly Construes Right of Cost Recovery Read More »