wetlands

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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NYC Receives Grant from Regional Economic Council For Brownfield Grant Program

New York Brownfield Cleanup Program, NYC OER, oil spills, wetlands /

Empire State Development (ESD) recently announced $738 million in funds have been awarded through Round Two of the Regional Economic Development Council initiative.  Regional Councils were put in place in 2011 to redesign the state’s approach to economic development from a top-down model to a community-based, performance-driven approach. One of the awards is a $500K

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Split Decision for NJ Owner in Floodplain Case

Environmental Due Diligence, Water Pollution, wetlands /

In the wake of increased damage from storms as well as growing recognition of the environmental benefits of floodplains, states are increasingly limiting development in areas that are prone to flooding during storms. This regulatory trend sometimes conflicts with state and federal historic preservation programs where historic building may be located in areas that are

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Appeals Court Reverses Judgment For Seller Who Failed To Disclose Wetlands on Disclosure Form

Disclosure of Environmental Liabilities, wetlands /

We have reviewed several cases where sellers have been held liable for failing to adequately disclose environmental conditions in mandated property condition reports even where the property is sold “as is”. Another example is Wise v. Hays, 943 N.E.2d 835 (Ind. Ct. App. 2011), a state appeals court reversed a grant of summary judgment  in

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Court allows Claim To Proceed Against Home Builder For Failing To Disclose Wetlands

Disclosure of Environmental Liabilities, wetlands /

In Stalvey v. NVR, Inc., 2012 U.S. Dist. LEXIS 2506 (N.D. Ohio 1/09/12), the plaintiffs entered into an Ohio Purchase Agreement with defendant for the construction and purchase of a house. As part of the Agreement, defendant provided plaintiff with a Topographic Survey & Improvement Plan that did not depict the presence of wetlands on

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An Unusual Wetlands Case

wetlands /

In most wetlands cases, landowners are challenging determinations by the Army Corps of Engineers (Corps) that wetlands are present on their property. However, in Deerfield Plantation Phase II-B Property Owners Association v Army Corps of Engineers , 2011 U.S.Dist. LEXIS 75766 (D.S.C. 7/12/11), the plaintiffs argued that the Corps improperly determined that only a fraction of

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Third Circuit Upholds Corps Wetlands Determination

Water Pollution, wetlands /

In US v Donovan, 2011 U.S. App. LEXIS 22026 (3rd Cir. 10/31/11) this case, appellant Donovan owned a four-acre parcel situated within the watershed of the Sawmill Branch. Water from stream channels on the property flowed into the Sawmill Branch which was a navigable water. The Branch then flowed into the navigableSmyrnaRiver which was connected

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