Much like with the Great Recession of 2008, the Covid crisis has caused many brownfield projects to stall. As a result, BCP projects that received their Certificate of Completion (COCs) in 2010-11 are at risk of losing the right to claim the tangible property tax credit since the ten year period to put the property […]
A state appeals court overturned a lower court decision and ruled that the New York State Department of Environmental Conservation (NYSDEC) had improperly denied a Brownfield Cleanup Program (BCP) application. In the Matter of Wythe Berry, LLC v. New York State Department of Environmental Conservation, 2020 N.Y. App. Div. LEXIS 7234 (App. Div.-2nd Dept. 11/25/2020).
NY State Appeals Court Rules NYSDEC Improperly Denied BCP Application Read More »
The New York City Office of Environmental Remediation released an update to its Searchable Property Environmental E-Database (SPEED 2.0) environmental mapping tool in April. SPEED is a useful due diligence tool that allows users to obtain environmental information at a city, borough, neighborhood or site level. All of SPEED’s data is regularly updated to provide
OER Launches Revised Searchable Property Environmental E-Database (SPEED 2.0) Read More »
For the second time this week, the United States Supreme Court surprised environmental groups when it held in County of Maui v. Hawaii Wildlife Fund that the Clean Water Act permitting requirements applied not only to direct discharges of pollutants from point sources but also to discharges to groundwater that are the “functional equivalent” of
Supreme Court Rules Discharges To Groundwater Could Require Clean Water Permit Read More »
The Ohio EPA Division of Environmental Response and Revitalization’s (DERR) issued revised vapor intrusion Guidance. The document was developed using established guidance from the United States (U.S.) Environmental Protection Agency (EPA), the Interstate Technology Resource Council (ITRC), American Society of Testing and Materials (ASTM), and other states. The agency gave a special thanks to the
Ohio Revises Vapor Intrusion Guidance Read More »
The Minnesota Pollution Control Agency (MPCA) issues a guidance document for design and operation of parking facility that will be used as a mitigation option for vapor intrusion. The Guidance applies to both proposed and existing parking facilities. The agency states that while current codes require both physical barriers and ventilation to provide continuous air
Minnesota Issues Vapor Intrusion Mitigation Guidance For Parking Facilities Read More »
California’s Department of Toxic Substances Control (DTSC) and the State Water Resources Control Board have issued draft supplemental Vapor Intrusion guidance. The draft “Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion” was released for review and public comment on February 14, 2020. However, because of the Covid-19 public health emergency, the public comment period is
California Proposes Revisions To Vapor Intrusion Guidance Read More »
In our post discussing EPA’s Enforcement Discretion guidance, we mentioned that EPA was working on guidance for performing remedial actions during the Covid-19 crisis. On April 10th, EPA issued its “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19” (Interim Guidance) to regional offices when determining to continue, reduce, or pause on-site
EPA Issues Guidance For Continuing or Suspending Response Actions During COVID-19 Crisis Read More »
As we discussed in a prior Post, the Empire State Development Corporation (ESD) issued a guidance document that were exempt from Governor Cuomo’s Executive Order 202.8 banning non-essential services from operating to control the spread of the covid19 virus. In response, the New York State Department of Environmental Conservation (“NYSDEC”) issued its own Guidance describing the
The New York State Department of Environmental Conservation (“NYSDEC”) has received numerous inquiries about issues arising with the execution of Brownfield Cleanup Program (“BCP”) agreements and amendments because of the Covid19 pandemic. In response, the NYSDEC has issued the following guidance: The DYSDEC will grant reasonable extensions of time for the execution of Brownfield Cleanup