CERCLA

EPA Region 2 Office Officially Recognized NYC Brownfield Program

EPA recently recognized the NYC brownfield cleanup program-the first time a municipal cleanup program has received such status.  The recognition under section 104(k) of CERCLA means that the City’s Office of Environmental Remediation (OER) is an “eligible entity” which may apply for and use federal brownfield investigation and cleanup grants and loans. It is important to note that this …

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District Court Rules Injunctive Order not Dischargeable Claim

New Mexico had issued an order under its Water Quality Act to abate groundwater contamination eminating from septic field and lagoon on debtor’s property. The debtor argued that since the state was essentially requiring it to pay for the cleanup, the order should be considered a claim that could be discharged under the Bankruptcy Code. …

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