We have previously discussed discussed here and in other forums how the All Appropriate Inquiries (AAI) Rule issued by EPA in 2005 is deeply flawed and has directly contributed to a worsening in the quality of phase 1 reports. This is ironic outcome since the reason EPA was instructed in the 2002 amendments to CERCLA to issue […]
Major CMBS Lender Requiring EPs to Perform Site Inspections Read More »
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
OER Grants Available for Petroleum Assessments But Need to Move Quickly Read More »
In June, the NYC Department of Buildings (DOB) completed uploading into its Buildings Information System (BIS) approximately 200 Restrictive Declarations (RD) that can impose certain environmental obligations relating to hazardous materials. This action means that parties seeking building permits and certificates of occupancy for sites subject to RDs will have to demonstrate they have satisfied
Environmental Restrictions Now Fully Enforceable by NYC DOB Read More »
[Update: At a bill signing ceremony in Buffalo on June 24th, Governor Cuomo was quoted as saying he would sign the BCP extension] On June 20th, the NY State Senate approved legislation that would extend the expiration of the Brownfield Cleanup Program (BCP) to March 31, 2017. The same bill had been passed by the Assembly earlier
NY Legislature Passes Brownfield Extender Bill But Will It Matter? Read More »
Nearly eight years after a New Jersey day care was forced to close down because of mercury contamination, the legal fallout continues. In the latest legal salvo involving the infamous Kiddie Kollege Daycare & Preschool, Inc, (Kiddie Kollege), a New Jersey trial court ordered the current property owner who leased the contaminated building to the
Kiddie Kollege Ruling Highlights Importance of Performing PAs in NJ Transactions Read More »
Since Governor Andrew Cuomo and the Legislature reached an agreement on the 2014 budget, there has been frustrating little progress on extending the Brownfield Cleanup Program (BCP). In the absence of any forward movement, developers have been rushing to submit applications to the BCP so they could obtain a certificate of completion (COC) before the BCP tax
Glimmer of Hope Emerges for BCP Reform Read More »
After a little more than six months after ASTM issued its new E1527-13 Phase 1 standard practice, problems are emerging over the new definition Controlled Recognized Environmental Condition (CREC) definition. The difficulties are related to the definition itself and differences among state environmental programs. Before discussing the CREC problems, a little background might be helpful
Problems Emerge with New CREC Definition Read More »
EPA issued a unilateral administrative order (UAO) under section 106 of CERCLA to implement a remedial design (RD) for the Gowanus Canal. EPA took this action after negotiations with responsible parties bogged down. The agency wants the RD fieldwork to commence this spring. Back in September 2013, EPA issued a Notice for the Commencement of
EPA Issues Administrative Order for Gowanus Remedy Design Read More »
[updated March 31st] In January, Governor Cuomo proposed sweeping reforms to the Brownfield Cleanup Program (BCP). The proposed changes rattled the real estate industry and caused a surge of BCP applications filed by developers who wanted to enroll in the BCP before the proposed tax changes too effect. On Wednesday morning, though, stakeholders involved in the BCP
BCP Reform Not Part of Budget Deal Read More »
[NOTE: Updated to reflect Assembly bill ] With only a week remaining for New York to adopt its 2014-15 budget, extension of the Brownfield Cleanup Program (BCP) remains on the table. It appears that a consensus is emerging on the shape of the brownfield amendments or at least the number of key outstanding issues has
Governor and Legislature Closing Gap on Brownfield Reform Read More »