Expect Adverse Comments as EPA Drops Ball on ASTM Recognition

In our prior blog, we announced that the Environmental Protection Agency (“EPA”) would publish a proposed rule and direct final rule proposing to amend and amending the All Appropriate Inquiries rule (“AAI”)  to reference the revised ASTM E1527-21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (“E1527-21”) and allowing it to

Expect Adverse Comments as EPA Drops Ball on ASTM Recognition Read More »

EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register

EPA has released a pre-publication copy of its proposed and direct final rule to recognize E1527-21 as a method for complying with its All Appropriate Inquiries (AAI) Rule.  If EPA does not receive any negative comments, the final direct rule will become effective upon the expiration of the public comment period. Upon the effective date,

EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register Read More »

Governor Hochul Announces Support For BCP Extension and Reform in State of State Report

Governor Kathy Hochul announced support extending the Brownfield Cleanup Program (BCP) in her State of the State report today. In addition to extending the BCP tax credits which are scheduled to sunset at the end of this year, the Governor’s State of the State Book states that: The Governor will also expand the tangible property

Governor Hochul Announces Support For BCP Extension and Reform in State of State Report Read More »

NYSDEC Proposes New Brownfield Regulations

NYSDEC has finally issued its long-awaited amendments to the Part 375 Regulations governing the state Brownfield Cleanup Program (BCP). The proposed revisions were published in today’s State Register and are available from the agency website. The regulations reflect NYSDEC’s interpretation of the changes brought about by the 2015 BCP amendments.  The agency actually developed the

NYSDEC Proposes New Brownfield Regulations Read More »

NYSDEC Proposes New Water Quality Guidance Values for Emerging Contaminants

On October 6, 2021, New York State Department of Environmental Conservation (NYSDEC) proposed Released new water quality guidance values (GVs) for emerging contaminants Perfluorooctanoic acid (PFOA), Perfluorooctane sulfonic acid (PFOS), and 1,4-Dioxane (1,4-D). The new guidance values are established in a draft addendum to Technical and Operational Guidance Series (TOGS) 1.1.1: Ambient Water Quality Standards and Guidance

NYSDEC Proposes New Water Quality Guidance Values for Emerging Contaminants Read More »

New Phase 1 Standard is Approved by ASTM Governing Body!

The ASTM E1527-21 is now official! It was approved  on November 1st after three years of development. I served as the co-chair of the legal sub-committee. Among the changes: Key terminology revisions: The terms “Recognized Environmental Condition” (REC); “Controlled Recognized Environmental Condition” (CREC); and “Historical Recognized Environmental Condition (HREC) have been strengthened to reduce misclassifications of

New Phase 1 Standard is Approved by ASTM Governing Body! Read More »

Continuing to Struggle with CERCLA liability, the 7th Circuit Holds that a Phase 2 ESA Satisfies AAI

The Court of Appeals for the 7th Circuit has long struggled with interpreting the scope of CERCLA liability, often issuing poorly-reasoned and inconsistent decisions. This trend continued with its recent opinion in Von Duprin vs Moran Electric Service, Inc., et al,  2021 U.S. App. LEXIS 26726 (7th Cir. 9/3/2021) where the court issued a number

Continuing to Struggle with CERCLA liability, the 7th Circuit Holds that a Phase 2 ESA Satisfies AAI Read More »

Property Owner Fails to Qualify as BFPP Because Phase 1 Did Not Contain EP Certification

A property owner failed in its bid to qualify as a CERCLA bona fide prospective purchaser because its phase 1 did not contain the environmental professional certification required by the section 40 C.F.R. § 312.21(d) of EPA’s All Appropriate Inquires (AAI) rule. In Von Duprin LLC v. Major Holdings, 2021 U.S. App. LEXIS 26726 (7th

Property Owner Fails to Qualify as BFPP Because Phase 1 Did Not Contain EP Certification Read More »

NYS Budget Includes Limited Covid-Related Brownfield Amendment After Stakeholders Request More Comprehensive Reforms.

In a prior Post, we discussed that Governor Andrew Cuomo’s proposed executive budget for Fiscal Year 2022 provided an extra two years for owners of brownfield projects that received COCs between March 20, 2010 through January 1, 2012 to claim the qualified tangible property tax (QTP) credit. The extension was intended to provide relief to

NYS Budget Includes Limited Covid-Related Brownfield Amendment After Stakeholders Request More Comprehensive Reforms. Read More »

Scroll to Top