As regular readers of this blog are aware, the the 2015 amendments to the New York State Brownfield Cleanup Program (BCP) created three deadlines for applicants to obtain Certificates of Completions (COCs) depending when the site was accepted into the BCP. Generation 1 (Gen1): sites accepted on or before June 22, 2008 have to obtain COC […]
NYSDEC Clarifies COC Deadline for 38 BCP Sites Read More »
In 1994, the New York State Department of Environmental Conservation (NYSDEC) established an administrative voluntary cleanup program (VCP) in which landowners, prospective purchasers and other parties could investigate and/or remediate sites that are contaminated with hazardous substances and petroleum under the supervision of the NYSDEC (See “Organization and Delegation Memorandum #94-32, Policy: Voluntary Cleanup Program”).
NYSDEC To Finally End Voluntary Cleanup Program Read More »
Regulatory reform is at the centerpiece of the Trump Administration’s plan to stimulate economic growth. During the presidential campaign, candidate Trump vowed to rollback a variety of Obama Administration Climate Change Initiatives but said little about EPA remedial programs such as the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or superfund). Based on
Remedial Program Reform Proposals for EPA Administrator Pruitt Read More »
The collective wit and wisdom from three decades of practicing environmental law (in no order of importance). 1.Thou shall not call the environmental lawyer the day before the closing 2. Thou shall not accept without further inquiry a Phase 1 reports that says there are no RECs 3. Thou shall be concerned when the Phase
THE TEN COMMANDMENTS OF ENVIRONMENTAL LAW Read More »
In a prior post, we discussed the regulatory freeze that had been implemented by the Trump Administration on its first day in office. The moratorium applied to proposed rules issued by the Obama Administration since election day that had not yet gone into effect. We provided a list of environmental and energy rules that were
Pre-Publication Notice Identifying 30 Environmental Rules Subject to Regulatory Freeze Read More »
In our prior Post, we discussed the regulations proposed by the Obama Administration since election day that would be subject to the moratorium issued by the Trump Administration. In this post, we cover the Obama-era regulations that have already gone into effect that my be vulnerable to recession under the Congressional Review Act (CRA). The
Since the Carter Administration, it has become customary for outgoing presidential administrations to issue a plethora of new regulations between election day and the inauguration. These rules are often called “midnight rules”. In response, the incoming administrations have issued executive orders or memorandum to temporarily delay or “freeze” these midnight regulations” so the new administration
What Obama “Midnight Rules” Are Subject to the Trump Regulatory Freeze? Read More »
This interview occurred at the old Yankee Stadium in 2008 shortly after the last game was played. [youtube]https://www.youtube.com/watch?v=obhKtJQTLBo[/youtube]
EDR Commonground Interview On the State Environmental Due Diligence Read More »
A 20-year old voluntary cleanup agreement (VCA) was the subject of the dispute before the New York Court of Claims in Alaskan Oil, Inc., v. State of New York, Claim No. 116072 Motion No. CM-81863 (Ct. Claims 7/25/16). In this case, claimant Alaskan Oil Inc. acquired approximately 40 properties owned by Parrish Energy Fuels, Inc.,
Court Dismisses Action Against DEC For Breach of VCA Read More »