Matthew Jokajtys | April 30, 2013
EPA has just extended to tenants the Bona Fide Prospective Purchaser (“BFPP”) protection, by which Congress previously exempted certain prospective owners from harsh Superfund liability. Even where the landlord loses its BFPP protection, the new EPA enforcement guidance memo allows tenants to hold onto it, assuming the tenant can meet certain requirements. Traditionally, a tenant derived [...]
Category: Administrative Procedures Act - APA, Bankruptcy and Environmental Law, Environmental Due Diligence, Environmental Risk & Insurance, Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: brownfields cleanup, CERCLA, CERClA liability, cleanup removal, contaminant, cost recovery action, environmental, environmental requirements, environmental site assessment, groundwater contamination, hazardous waste, potentially responsible party, property, PRP, real estate transaction, strict liability
Matthew Jokajtys | April 8, 2013
Beginning in the winter of 2006-2007, bees began to die in – or simply disappear from – commercial hives around the US. Increasing numbers of beekeepers since then reported similar disappearances of bees, and the phenomenon became known as Colony Collapse Disorder, or CCD. While the exact causes of CCD are unknown, beekeepers and environmental [...]
Category: Administrative Procedures Act - APA, Federal Environmental Law, Federal Insecticide Fungicide and Rodenticide Act (FIFRA) |
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Tags: environmental, EPA
Matthew Jokajtys | January 21, 2013
How do you clean up something as big and messy as the Gowanus Canal? On January 23-24, 2013, the United States Environmental Protection Agency will explain and defend its December 27, 2012, “Proposed Plan” for remediating the Gowanus Canal Superfund Site in Brooklyn, NY. The Proposed Plan formally identifies EPA’s “preferred remedy” for the pollution [...]
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, CERClA liability, cleanup removal, contaminant, DEC, environmental, hazardous materials, hazardous waste, potentially responsible party, PRP, remediation, superfund
Matthew Jokajtys | December 12, 2012
A federal court in New York recently decided that the migration of subterranean contamination onto a neighboring property was not, by itself, a sufficient basis to hold a neighboring landowner jointly liable for remediation costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).
Category: Environmental Due Diligence, Environmental Risk & Insurance, Federal Environmental Law, Real Estate Transactions & Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, CERClA liability, environmental, environmental site assessment, EPA, groundwater contamination, hazardous materials, hazardous waste, New York State Department of Environmental Conservation, potentially responsible party, PRP, real estate transaction, remediation, strict liability, superfund
Matthew Jokajtys | December 4, 2012
Congress enacted the Superfund Act, whose formal name is the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, in 1980 to promote the clean up (remediation) of properties, typically abandoned landfills or other sites, that had been contaminated by the disposal of hazardous materials. To further this goal, Congress cast a wide net and [...]
Category: Environmental Due Diligence, Federal Environmental Law, Oil Spill Cases, Real Estate Transactions & Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, CERClA liability, cleanup removal, cost recovery action, disposal, environmental, environmental requirements, environmental site assessment, EPA, groundwater contamination, hazardous materials, hazardous waste, potentially responsible party, PRP, remediation, strict liability, superfund, us supreme court
James J. Periconi, Esq. | June 25, 2012
Since our last post regarding the current federal regulations of high-volume hydraulic fracturing (i.e., “fracking”) for extraction of natural gas from shale, there have been several developments on the federal level.
Category: Federal Environmental Law, Fracking |
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Tags: Executive Order, federal regulation, fracking, New Source Performance Standard (NSPS)
James J. Periconi, Esq. | June 18, 2012
The Fifth Circuit Court of Appeals held that the Clean Water Act does not allow citizen suits to enforce the conditions of a § 404 Permit. See Atchafalaya Basinkeeper v. Chustz, No. 11-30471 (5th Cir. Apr. 25, 2012).
Category: Clean Water Act - CWA, Federal Environmental Law |
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Tags: citizen suit, CWA, Section 404 Permit
James J. Periconi, Esq. | March 26, 2012
The Supreme Court of the United States has just unanimously ruled that administrative orders issued by the U.S. Environmental Protection Agency (“EPA”) under section 319 of the Clean Water Act (“CWA”) are “final agency actions” subject to judicial review under the Administrative Procedures Act (“APA”). Sackett v. United States EPA, 566 U.S. ____ (2012).
Category: Administrative Procedures Act - APA, Clean Water Act - CWA, Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: Administrative Orders, APA, CWA, EPA
James J. Periconi, Esq. | February 22, 2012
In State v. Solvent Chemical Co., 10-2026-cv (2nd Cir. Dec. 19, 2011), the Second Circuit Court of Appeals held that Solvent Chemical Company (“Solvent”) could obtain a declaratory judgment that two adjacent property owners were responsible for future costs incurred by Solvent under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ [...]
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, CERClA liability, cost recovery action, potentially responsible party
James J. Periconi, Esq. | January 10, 2012
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups’ motion to intervene in a lawsuit between the District of Columbia (“District”) and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, “Pepco”), which concerned a consent decree under the Resource Conservation and Recovery Act (“RCRA”) entered into between the District and [...]
Category: Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: environmental litigation, RCRA