One of the more daunting tasks of environmental consultants and lawyers is to explain the environmental investigation and remediation process to clients and the public. Part of the problem is that many business people do not have a strong science foundation and may not understand some of the issues associated with environmental contamination. In addition, […]
Demystifying Environmental Investigations To Clients Read More »
The landmark NYC brownfield program demonstrates the economic benefits of brownfield programs. The Office of Environmental Remediation (OER) which is responsible for administering the program has calculated the benefits of the first 47 projects that enrolled in the program. The OER analysis indicates that these projects generated city revenue of $369 MM on a 30-
NYC Brownfield Program Generates $200 in tax revenues for every $1 of Cleanup Grants Read More »
Since vapor intrusion started to come into focus a decade ago, environmental consultants have been debating if vapor intrusion was covered by the standard phase 1 or needed to be specifically added to the phase 1 scope of work. This is not an academic discussion but a real concern to property owners and lenders who are
1993 EPA Memo Clarified CERCLA Jurisdiction For Indoor Contamination Read More »
The New York City Brownfield Partnership recently announced its 2012 Big Apple Brownfield Awards (BABA). For the second year in a row, one of our affordable housing clients has won an award. We helped Exact Capital gain entry into the New York State Brownfield Cleanup Program so that it could build an affordable housing project-Crotona
For a Second Consecutive Year, An Affordable Housing Client Wins Brownfield Award Read More »
Documents in agency files can provide important information on the scope of contamination, how the contamination was assessed and other valuable information on the remedy/institutional controls. Thus, many clients expect that environmental consultants routinely review regulatory agency files when assessing potential RECs at a site. However, many phase 1 “commodity shops” or high volume firms
Agency File Reviews- The Dark Secret of Phase I reports Read More »
It is no secret that distressed debt investors are eagerly looking for opportunities to purchase defaulted or underwater loans. One strategy used by investors with a healthy risk appetite is to purchase promissory notes secured by contaminated property at deeply discounted pricing. The investor then brings an RCRA 7002 action seeking an order requiring the
State Appeals Ct Affirms Note Purchaser Cannot Bring Nuisance Action For Contamination Read More »
With the nation is in the middle of building pipeline infrastructure to transport natural gas from fracking operations as well as Canadian oil, I suspect we will see more case like Enbridge Pipelines (Ill.) L.L.C. v. Moore, 633 F.3d 602 (7th Cir. 2011) where landowners argued that a 1939 pipeline easement had expired. Presumably, the
Pipeline Expansion Project May Proceed After Ct Upholds Validity of Easement Read More »
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
The most recent decision in Flake v. Schrader-Bridgeport Int’l, Inc., 2011 U.S. Dist. LEXIS 30372 (M.D. Tenn., Mar. 23, 2011) is just another chapter in this long-running environmental saga involving a successor liability, bankruptcy, toxic tort and environmental justice issues along with a piece of American automotive history. This well-traveled case began in a Tennessee county
Environmental Saga Involves Successor Liability, Bankruptcy and Environmental Justice Read More »
The movement and disposal of fill material from demolition sites tends not to be well-regulated. During the real estate bubble when demand for aggregate was at a premium, unsavory actors in the industry exploited the regulatory gaps. These companies would charge clients to dispose of contaminated fill, pocket the fees and then sell the materials
Claim For Contaminated Fill Barred By Statute of Limitations Read More »