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EPA Revises “Comfort Letters” to Facilitate Renewable Energy Development on Contaminated Sites

Brownfields, CERCLA, Environmental Due Diligence, solar energy /

EPA has revised its three model letters that may be used by regional offices when drafting site-specific comfort/status letters for lessees involved in renewable energy projects on contaminated property. The letters are intended to provide lessees who are contemplating leasing property for a proposed renewable energy development  and request a comfort/status letter from the EPA. The letters describe the information […]

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EPA Issues Revised Guidance on Applicability of BFPP Protection To Tenants

Brownfields, CERCLA, Environmental Due Diligence /

EPA issued revised guidance discussing the potential applicability of the CERCLA Bona Fide Prospective Purchaser (BFPP) liability protection to tenants who lease contaminated or formerly contaminated properties. Revised Enforcement Guidance Regarding The treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Protection. The guidance supersedes EPA’s January 14,2009 guidance titled “Enforcement Discretion Guidance Regarding the Applicability

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Primer on FEMA Flood Maps and Flood Insurance

insurance /

The National Flood Insurance Program (NFIP) offers flood insurance to homeowners, condo owners and associations, tenants and business owners located in one of the 20,000 local governments that participate in the federal program. Condominium associations and unit owners may purchase insurance coverage. In 2003, Congress directed FEMA to update the nation’s flood hazard maps. As

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In Wake of Sandy, NYC To Consider Retrofits For Existing Buildings

Environmental Due Diligence /

In the wake of Superstorm Sandy, the New York City Council has commissioned a “building resiliency” task force to study potential changes in the building code to minimize damage from flood events.  In announcing the task force, City Council Speaker Christine Quinn said flood protection was the “single most important infrastructure challenge of our time”.

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Historic Dry Cleaners At Heart of Two Key NJ Spill Cases-Part 2

Environmental Due Diligence, NJ Spill Act /

In our second post on recent NJ Spill Act decisions involving historic dry cleaners, we examine New Jersey Schools Development Authority v. Marcantuone, 2012 N.J. Super. LEXIS 173 (App. Div. 10/29/12) where the appellate division ruled that a property owner who acquired a site in 1985 without performing environmental due diligence could not qualify for

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Historic Dry Cleaners At Heart of Two Key NJ Spill Act Cases-Part 1

Environmental Due Diligence, NJ Spill Act /

2012 has turned out to be a significant year for NJ Spill Act litigation. Two opinions from this fall have been particularly notable to transactional attorneys because they involved a very common scenario encountered in urban areas-namely, properties with a history of numerous dry cleaner operators. Because dry cleaners are small businesses, their environmental impacts

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SBA Disaster Loans

water /

Any business or private, nonprofit organization that is located in a declared disaster area and has incurred damage during the disaster may apply for a loan to help replace damaged property or restore it to the condition it was in before the disaster.  These entities may also apply for a working capital loan from the

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FEMA Advisory For Initial Restoration of Flooded Buildings

Mold /

FEMA has issued an advisory for buildings subject to long-term flooding and widespread mold following a hurricane. As a service to our readers and fellow New York metropolitan area neighbors, we are providing the text of the FEMA recommendations. the original brochure is available at Advisory for Restoration of Flooded Buildings 1. Air Out– To promote

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EPA Guidelines on Building Debris and Demolition Following Natural Disaster

asbestos, common law, Hazardous Waste, Mold, oil spills, Underground Storage Tanks /

Cleanup activities related to homes and businesses damaged by hurricanes or other natural disasters can pose significant health and environmental challenges. Immediate and life-threatening conditions may arise from  leaking natural gas lines, and carbon monoxide poisoning from using un-vented fuel-burning equipment indoors. However, there are other serious hazards that are not immediately life threatening but

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CDC Tips on Cleaning HVAC Systems of Flood-Damaged Buildings

Environmental Due Diligence, Mold, water /

During flooding, systems for heating, ventilating, and air conditioning (HVAC) can become submerged in flood waters. As a result, these systems may contain substantial amounts of dirt and debris and may also become contaminated with various types of microorganisms such as bacteria and fungi. The following recommendations will help ensure that HVAC systems contaminated with

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