Corporate and Real Estate Transactions

EPA Withdraws Final Rule That Would Have Recognized ASTM E1527-21 While Continuing To Recognize ASTM E1527-13

As we  predicted,  EPA received numerous negative comments to its Direct Final Rule that would have recognized that the new ASTM E1527-21 phase 1 standard may be used to comply with the All Appropriate Inquires (AAI) rule for asserting certain landowner liability defenses and qualify for brownfield grants. All of the comments criticized EPA’s plan to …

EPA Withdraws Final Rule That Would Have Recognized ASTM E1527-21 While Continuing To Recognize ASTM E1527-13 Read More »

My Article on Why Joint Liability Should No Longer Be the Default Standard Under CERCLA

When Congress enacted the federal Superfund law in 1980, it provided that liability should be governed by evolving notions of common law. The Second Restatement of Torts was in effect at the time the law was passed and favored imposition of joint liability when two or more parties created a common harm. However, there has …

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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 »

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 »

OER Launches Revised Searchable Property Environmental E-Database (SPEED 2.0)

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 …

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Revised ESD Essential Services Guidance Appears to Include Phase 1 Reports and End Confusion for Consultants

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 …

Revised ESD Essential Services Guidance Appears to Include Phase 1 Reports and End Confusion for Consultants Read More »

EPA Issues Enforcement Discretion Memo for Routine Civil Violations Arising from COVID-19 Pandemic

Update: EPA has created a frequently-asked questions about covid-19 webpage that is available Here. The federal Environmental Protection Agency has issued a Memo announcing that it will temporarily exercise enforcement discretion for certain civil violations where the non-compliance was a result of the COVID-19 pandemic. Contrary to news articles in such publications  as E&E News, The …

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NYSDEC Determines Remedial Activities Are “Essential Services” Under Governor’s Executive Order

On Saturday, March 21, 2020, New York Governor Andrew Cuomo issued a new Executive Order No. 202.8 (EO 202.8) “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency ” requiring all businesses and not-for-profit entities to require 100%  of  workers to work from home effective at 8 p.m. Sunday, March 22, 2020.Businesses …

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New DEC Interactive Map Expedites Environmental Due Diligence

Performing environmental due diligence has become easier with the launch of the New York State Department of Environmental Conservation DECInfo Locator. Until the launch of this website, consultants and attorneys seeking information about contaminated sites had to file requests under the state Freedom of Information Law (FOIL). The limited NYSDEC FOIL staff usually took weeks …

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