cleanup

NYSDEC Publishes Notice of Draft Revisions to Part 375 Regulations in State Register

Brownfields, New York Brownfield Cleanup Program, NY State Superfund / By

The New York State Department of Environmental Conservation (“NYSDEC”)  presented a Valentine’s Day gift to brownfield developers and responsible parties when the New York State Register Published notice of the long awaited overhaul of the NYSDEC Part 375 regulations which  govern the agency’s remedial programs. The actual regulatory language will be availabe on the NYSDEC […]

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

CERCLA, Corporate and Real Estate Transactions, enforcement, Hazardous Waste / By

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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NYSDEC Issues Revised Guidance for PFAS Sampling and Analysis

New York Brownfield Cleanup Program, NY State Superfund, PFAS / By

Earlier this month, the New York State Department of Environmental Conservation (NYSDEC) just released its new “Guidance for Sampling and Analysis of PFAS Under NYSDEC’s Part 375 Remedial Programs January 2020” (“PFAS Guidance”).  The purpose of the PFAS Guidance is to establish procedures for sampling PFAS and for determining if PFAS is a contaminant of concern for

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