Back in October 2011, we discussed a failed $35MM development project where a bank sought damages from three environmental consultants for failing to anticipate methane gas problems at the development site. The plaintiff, BancorpSouth Bank, was a successor by merger to The Signature Bank that had financed the project. The project consisted of 150-acre site that […]
Ct Allows CERCLA Claim Agst Bank To Proceed In Methane Case Read More »
Large swaths of New York City contain fill material that may contain constituents such as heavy metals. Other soils may contain VOCs, petroleum and lead paint from demolished buildings. As a result, brownfield projects in New York City can generate large quantities of excavated soil that may have to be managed as hazardous waste. Having
NYC Developers Need to Anticipate Possible Hazardous Waste Fees Read More »
EPA proposed to approve final authorization to the New York Department of Environmental Conservation (NYSDEC) to administer the state hazardous waste program in lieu of the federal RCRA program. 78 FR 15299 (3/11/13). The authorization will become effective on May 10, 2013 unless EPA receives adverse written comment by April 10, 2013. The NYSDEC hazardous
NYSDEC To Receive Full Delegation from EPA for RCRA Program 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 »
Cleanup activities related to homes and businesses damaged by hurricanes or other natural disasters can pose significant health and environmental challenges. Immediate and life-threatening conditions may arise from leaking natural gas lines, and carbon monoxide poisoning from using un-vented fuel-burning equipment indoors. However, there are other serious hazards that are not immediately life threatening but
EPA Guidelines on Building Debris and Demolition Following Natural Disaster 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 »
An Ohio bank agreed to pay the United States EPA $8K in past response costs incurred by EPA to remove hazardous waste drums at a facility that had been owned by a defunct borrower. The amount the bank agreed to pay represented approximately 10% of the EPA’s response costs. The notice of the proposed Agreement
JP Morgan Chase Bank entered into a Settlement Agreement For Recovery of Past Response Costs (Settlement Agreement) for a matter captioned In In The Matter Of Browning Lumber Company Superfund Site, Docket No. CERC-03-2007-0028D where the bank agreed to reimburse EPA for $1.28 million in removal costs incurred at a former wood processing facility rural Bald Knob,
Trustee Bank Agrees to Removal Action Settlement with EPA Read More »
New York City enjoyed classic fall weather last week with cloudless skies and crisp temperatures. Depending on how high your office or apartment was located, you could see all the way down to New York Harbor, see Yankee Stadium in the Bronx or Citifield where the Mets play. On days like these, it is hard
Documerica Project Captures Environmental Images From 1970s Read More »