groundwater contamination

EPA Proposes to Regulate PFOAs and PFOS in Drinking Water

PFAS, water / By

On February 20th, EPA Announced  it will make a regulatory determination (RD) for two emerging contaminants-perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA)- under the Safe Drinking Water Act (SDWA) as part of its fourth Contaminant Candidate List. This is the first step in determining whether PFOA and PFOS should be regulated under the SDWA. EPA is […]

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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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Why Property Owners Should Consult Lawyers Before Signing Gas Leases

Fracking, Hazardous Waste, Lender Liability, oil spills / By

We have been sharing and commenting on articles discussing how lenders are becoming increasingly concerned about borrowers who lease their property to allow hydraulic fracturing (“fracking”). The operations permitted by the leases on what is typically rural or agricultural land include storage of hazardous substances and wastewater that likely would constitute defaults under the mortgages.

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Confusion Over Scope And Timing of RCRA Cleanup Leads to Potential Liability for Brownfield Developer

Brownfields, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste / By

Last year, the brownfield community was rattled by the Ashley II decision of United States District court for the District of South Carolina holding that a brownfield developer failed to comply with the requirements of the Bona Fide Prospective Purchaser defense. The court ruled the developer did not comply with its post-closing continuing care obligations

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District Court Rules Injunctive Order not Dischargeable Claim

bankruptcy, Corporate and Real Estate Transactions / By

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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