oil spills

NYSDEC Proposes Revisions to Commissioner’s Policy (CP)-51 Soil Cleanup Guidance

Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, oil spills /

The New York State Department of Environmental Conservation (“NYSDEC”) has release proposed revisions to its CP-51 Soil Cleanup Guidance. This polcy which was first issued in 2010  describes  procedures for developing soil cleanup levels for contaminants  not otherwise listed in the seven sets of Soil Cleanup Objective (SCOs) set forth in 6 NYCRR Part 375. […]

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OER Launches Revised Searchable Property Environmental E-Database (SPEED 2.0)

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, NYC OER, oil spills, PCBs, Underground Storage Tanks, vapor intrusion /

The New York City Office of Environmental Remediation released an update to its Searchable Property Environmental E-Database (SPEED 2.0) environmental mapping tool in April. SPEED is a useful due diligence tool that allows users to obtain environmental information at a city, borough, neighborhood or site level. All of SPEED’s data is regularly updated to provide

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EPA Issues Guidance For Continuing or Suspending Response Actions During COVID-19 Crisis

Brownfields, CERCLA, enforcement, Environmental Due Diligence, Hazardous Waste, oil spills, PCBs, Underground Storage Tanks, vapor intrusion, Water Pollution /

In our post discussing EPA’s Enforcement Discretion guidance, we mentioned that EPA was working on guidance for performing remedial actions during the Covid-19 crisis. On April 10th, EPA issued its “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19” (Interim Guidance) to regional offices when determining to continue, reduce, or pause on-site

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EPA Issues Enforcement Discretion Memo for Routine Civil Violations Arising from COVID-19 Pandemic

Air Pollution, CERCLA, Corporate and Real Estate Transactions, Disclosure of Environmental Liabilities, enforcement, Environmental Due Diligence, Hazardous Waste, oil spills, Water Pollution /

Update: EPA has created a frequently-asked questions about covid-19 webpage that is available Here. The federal Environmental Protection Agency has issued a Memo announcing that it will temporarily exercise enforcement discretion for certain civil violations where the non-compliance was a result of the COVID-19 pandemic. Contrary to news articles in such publications  as E&E News, The

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NYSDEC Determines Remedial Activities Are “Essential Services” Under Governor’s Executive Order

Brownfields, Corporate and Real Estate Transactions, Hazardous Waste, New York Brownfield Cleanup Program, NY State Superfund, NYC OER, oil spills /

On Saturday, March 21, 2020, New York Governor Andrew Cuomo issued a new Executive Order No. 202.8 (EO 202.8) “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency ” requiring all businesses and not-for-profit entities to require 100%  of  workers to work from home effective at 8 p.m. Sunday, March 22, 2020.Businesses

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New DEC Interactive Map Expedites Environmental Due Diligence

Air Pollution, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, oil spills, Underground Storage Tanks, water, Water Pollution, wetlands /

Performing environmental due diligence has become easier with the launch of the New York State Department of Environmental Conservation DECInfo Locator. Until the launch of this website, consultants and attorneys seeking information about contaminated sites had to file requests under the state Freedom of Information Law (FOIL). The limited NYSDEC FOIL staff usually took weeks

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Court Dismisses Action Against DEC For Breach of VCA

Corporate and Real Estate Transactions, Navigation Law, oil spills, Underground Storage Tanks /

A 20-year old voluntary cleanup agreement (VCA) was the subject of the dispute before the New York Court of Claims in Alaskan Oil, Inc., v. State of New York, Claim No. 116072 Motion No. CM-81863 (Ct. Claims 7/25/16). In this case, claimant Alaskan Oil Inc. acquired approximately 40 properties owned by Parrish Energy Fuels, Inc.,

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NYSDEC Adopts Revised Petroleum and Hazardous Substance Bulk Storage Regulations

oil spills, Underground Storage Tanks /

The New York State Department of Environmental Conservation (NYSDEC) has made extensive changes to its regulations pertaining to the handling and storage of petroleum and hazardous substances. Specificially, the revisions were made to the Petroleum Bulk Storage (PBS) regulations (6 NYCRR Parts 612-614), the Chemical Bulk Storage regulations (6 NYCRR Parts 596-599), the Used Oil

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OER Grants Available for Petroleum Assessments But Need to Move Quickly

Brownfields, CERCLA, New York Brownfield Cleanup Program, NYC OER, oil spills, Underground Storage Tanks /

The NYC Office of Environmental Remediation just announced that it has a little over $100K to award for petroleum assessments this summer. The source  of the grant money is the brownfield revolving loan fund that was awarded by EPA to OER under section 104(k) of CERCLA. The federally-funded grant may be used for phase 1 or

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NY Senate Introduces It Own BCP Reform Package

Navigation Law, New York Brownfield Cleanup Program, NYC OER, oil spills /

[Updated] A month after Governor Cuomo proposed sweeping reforms to the Brownfield Cleanup Program, the New York State Senate proposed its own BCP amendments. The bill (S. 6359—C) is available at here. The legislation includes a number of the changes proposed by the Governor’s bill including extending the BCP tax credits to 2025, extending the hazardous

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