Brownfields And The Redevelopment Of Contaminated Property
James P. Rigano of McMillan, Rather, Bennett & Rigano, P.C.
Contaminated industrial and commercial property, common in urban and suburban areas, have been underutilized due to.
Police and Fire Costs: Must a Carrier Pay?
Gary R. Letcher, Environmental Counsel
You've had an overturn accident, spilling several thousand gallons of gasoline onto a busy highway.
Pennsylvania Innocent Purchaser Agreements for Brownfield Sites
Mitchell E. Burack of Pepper Hamilton LLP
This article offers a quick summary of the Land Recycling and Environmental Remediation Standards Act as well as sample agreements for review.
Tax Incentives for Brownfield Redevelopment: Are They Enough?
Nicholas T. Menas of Stark & Stark
The effective utilization of environmentally impaired properties has captured nationwide attention. In addition to state and local efforts, Congress has addressed the problem with a number of separate but coordinate incentives for development. Among them are inducements contained in the Internal Revenue Code ("IRC"). While a provision in the IRC gives developers some incentives to invest in the redevelopment of brownfields, it is not an entirely unmixed blessing.
Court Dismisses RCRA Past Costs Claim but not Injunction Claim
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
A federal court in Michigan has ruled that a group of private parties cleaning up a hazardous waste site is not en.
Recommendations to Reform and Finance New York State's Remedial Programs
Riker Danzig Scherer Hyland & Perretti LLP
This article examines the Superfund Working Group's recommendations for reform in the areas of statutory liability reforms, cleanup standards, and redevelopment incentives.
Environmental Accounting
Darlene T. Marsh of Greenebaum Doll & McDonald PLLC
Recent events over a twenty-four hour period indicate that the reporting of environmental liabilities is a continuing problem. On July 15, Senator Jon Corzine hosted a symposium on corporate disclosure of environmental information in financial statements in the Dirksen Senate Office Building. On July 16, the Governmental Accountability Office (GAO) issued a study titled "Environmental Disclosure, SEC Should Explore Ways to Improve Tracking and Transparency of Information." And finally, Martha Stewart was sentenced to prison for crimes related to financial reporting.
New Prospective Purchaser Agreements
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On January 10, 2000, EPA published three documents designed to streamline the process for evaluating and negotiatin.
Response Costs Must Be Necessary To Be Recovered
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In the case of Southfund PartnersIII v. Sears, Roebuck and Co., 57F. Supp. 2d 1369 (N. D. Ga. 1999), plaintiff wa.
Defending Contribution Claims Pursuant to the Spill Act
Raymond S. Papperman of Stark & Stark
Last year, the Legislature amended the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., to provide an innocent-purchaser defense to persons who purchased contaminated property prior to Sept. 14, 1993. Although the amendment provides criteria necessary to be met to establish the defense, it leaves open-ended the level of due diligence and inquiry necessary to have been performed by a past purchaser.
EPA Guidance For Superfund National Policy Managers
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On October 7, 1999, the Director of EPA's Office of Emergency and Remedial Response, Steven Luftig, issued a final .
Major California Legislation Enacted in 1997 Relating to Superfund/Real Property Cleanups
Pillsbury Winthrop Shaw Pittman LLP
CALIFORNIA SUPERFUND/REAL PROPERTY CLEANUPS Environmental Responsibility Acceptance Act S.B. 1081 (Calderon).
Chrysler Not Liable As Successor At Willow Run Site
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
The United States District Court for the Eastern District of Michigan has rejected claims that Chrysler Corporat.
CERCLA Contribution Defendants Held Not Liable if Discharges Are "Insignificant"
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
A recent decision by the United States District Court for the Western District of Michigan dismissed two defendant.
Indemnification Versus Contribution
Buchanan Ingersoll & Rooney PC
The issue of who can sue potentially responsible parties under CERCLA and whether that suit can be under the indem.
National Credit Union Administration 1998 Legislative Update
National Credit Union Administration, General Counsel
Update from the National Credit Union Administration which provides summaries of important 1998 legislation affecting credit unions.
Project XL for Communities
Matthew W. Ward of Spiegel & McDiarmid LLP
Local government officials are responsible for complying with complex federal environmental regulatory .
Economic Incentives to Encourage Brownfield's Redevelopment in New Jersey
Dennis J. Krumholz and Marilynn R. Greenberg of Riker Danzig Scherer Hyland & Perretti LLP
This article will focus solely on the financial inducements now available under New Jersey law to encourage redevelopment of Brownfield sites.
New Federal Brownfields Initiatives: Economic Development Forum:Recycling Industrial Land
William S. Waller of Pillsbury Winthrop Shaw Pittman LLP
The redevelopment of "brownfields" is a major issue in the 1990's. Recent federal initiatives are designed to remo.
Massachusetts Brownfields act
Nancy Kaplan of Keegan Werlin LLP
There are presently 8000 identified contaminated sites in Massachusetts, most of which are commercial or industrial.
Defusing the Y2K Tiime Bomb
Richard J. Bortnick of White and Williams LLP
It has become fashionable to lament and portend the end of the world as we know it under the guise of the so-called.
EPA Settlement Policies and Contribution Protection
Daniel M. Darragh of Woods Rogers PLC
INTRODUCTION The Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. ??.
Environmental Liability Disclosure and the Sarbanes-Oxley Act
Chris Locke and Andrew W. Ingersoll of Farella Braun + Martel LLP
The United States Congress enacted the Sarbanes-Oxley Act of 2002 in response to a series of corporate financial crises that shook the public's faith in the financial markets. This article provides a brief summary of federal securities laws and regulations, as well as guidance from the SEC and various accounting authorities, applicable to the assessment and disclosure of environmental liabilities.
CERCLA Liability for Routine Construction Activities
Stephen M. Bruckner of Fraser Stryker PC
The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") imposes strict liability upon four (4) categories of potentially responsible parties ("PRPs") for any release or threatened release of a hazardous substance into the environment.
Environmental Law Bulletin--Corporate Liability
Wilson Sonsini Goodrich & Rosati
This bulletin discusses strategies corporations, shareholders and directors can employ to reduce environmental liability.
Selecting and Working with Environmental Consultants
Thomas M. Skove of Roetzel & Andress
Your client is a manufacturer who has long outgrown its original four-story brick building that is now surrounded by a residential neighborhood. A nearby expressway and an exit and entrance ramp make the property attractive to a local real estate developer. After learning about the Governor?s State of the Union message targeting "brownfields" for redevelopment funds, your client calls you. They want you to find a good environmental consultant to help them work with the developer.
New Jersey Gets Serious About the Cleanup and Reuse of Polluted Industrial Sites
Vincent J. Mangini of Stark & Stark
In accordance with so-called "smart growth" principles, James E. McGreevey, since becoming Governor of the State of New Jersey, has taken a number of definitive steps to provide municipalities and the private sector with assistance in redeveloping contaminated properties.
Remedial Design is Not Remediation
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In the case of Louisiana v. Braselman Corporation, the U.S. District Court for the Eastern District of Louisiana.
Recovery of Natural Resource Damages Under Comprehensive General Liability Policies
Keith E. Lynott,Arnold L. Natali,Ira Gottlieb and Kelly A. Williams of McCarter & English, LLP
It is apparent to even a casual observer of trends and developments in environmental law that Federal and State authorities have expressed renewed interest on Natural Resource Damage ("NRD") claims. As discussed in this article, there is a fundamental distinction between liability related to damages for the cleanup of environmental sites and liability for damage to natural resources.
Land Use and Environmental Law Briefing No. 78: California's Reenactment of Its Superfund Law Is a Mixed Bag
Morrison & Foerster LLP
This article provides a detailed analysis of Carpenter-Presley-Tanner Hazardous Substance Account Act as revised by SB47.
Ignorance Is Not Bliss: What You Don't Know About Your Tenants May Hurt You
Barry J. Trilling and Pamela B Schmaltz of Pepper Hamilton LLP
This article discusses the potential liabilities that an owner of commercial or industrial property may face under environmental laws in the context of landlord/tenant leasing arrangements.
EPA Approves First-Ever Settlement Of Superfund Petition For Reimbursement
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
On June16, 1997, the United States Environmental Protection Agency's (EPA) Environmental Appeals Board .
Sell of Chemicals Not "Arranger" Under CERCLA
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In the case of Freeman v. Glaxo Wellcome Inc., 189 F.3d 160 (2d Cir. 1999), the Circuit Court of Appeals for the Se.
The Expanding Role of Environmental Insurance in Lending Transactions
Laurence S. Kirsch of Cadwalader, Wickersham & Taft LLP
Environmental insurance increasingly is being used as a tool to help lending deals close and is fast becoming one o.
Legislative Developments Provide New Protections for Secured Creditors and Fiduciaries
Heather A. Wyman of Buchanan Ingersoll & Rooney PC
INTRODUCTION Since the passage of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCL.
Environmental Law
Michael J. Fortier,Leonard J. Griffiths and Dennis E. Mahony of Torys LLP
The year 2004 has proven to be another active year for environmental law in Canada , which continues to develop in response to international and domestic influences.
Court Turns Down EPA Policy On Municipality's Cercal Settlements
Buchanan Ingersoll & Rooney PC
Bowing to pressure from municipalities and congress, EPA adopted in 1998 the Policy for Municipality and Municipal.
Part 201 Civil Penalty Moratorium to End -- State Actions Against Liable Property Owners and Operators Expected
Dykema Gossett PLLC
June 5, 1997, marks the end of the moratorium on the assessment of civil penalties on owners and operators of conta.
Maybe EPA Can Collect Its Damages More Than Once
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In the case of U.S. v. Occidental Chemical Corporation, 1999 W.L. 1268110 (December28, 1999), the United States Co.
CERCLA Summary
Environmental Protection Agency
This publication provides a brief overview of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Recent Developments: The Y2K Act And Litigation Regarding Insurance Coverage for Y2K Remediation Costs
Grant Fondo of Sheppard Mullin Richter & Hampton LLP
This alert summarizes recent developments with the Y2K Act and whether the sue and labor provisions in insurance contracts covers for expenses incurred in evaluating potential Y2K problems.
Liability Protection For Corporate Shareholders
Bodman LLP
In Donahey v. Bogle, the federal Court of Appeals for the 6th Circuit has just extended important protection to cor.
Real Estate Trends: Environmental Representations and Warranties in Acquisition Agreements
Martin H. Lewis of Arter & Hadden LLP
This article will examine common environmental representations and warranties and analyze a number of issues of concern to both buyers and sellers regarding those representations and warranties.
Federal Response Plan
DHS - Federal Emergency Management Agency
Publication from the Federal Emergency Management Agency which describes the Federal Response Plan which was devised to provide assistance in am expeditious manner to save lives and to protect property.
Prior Owners and Operators Held Not Liable For Passive Migration of Contamination
Daniella Landers of Honigman Miller Schwartz and Cohn LLP
A federal appeals court recently held that prior owners and operators of contaminated property were not liable u.
Guard Against De-emphasizing Environmental Due Diligence in Commercial Real Estate Transactions
Dennis J. Donohue of Warner Norcross & Judd LLP
This article reminds commercial real estate developers that rigorous due diligence is still required before a real estate transaction is completed.
International Trade & Litigation News: Year 2000 Problems in Shipping and International Trade
DLA Piper LLP
This article discusses the vulnerability of international trade to year 2000 problems.
EPA and NJDEP Encourage Y2K Testing: New Policy Waives Penalties
Riker Danzig Scherer Hyland & Perretti LLP
This report details The U.S. Environmental Protection Agency's Office of Enforcement and Compliance Assurance recently issued Year 2000 Enforcement Policy which encourages facilities to investigate and remedy Y2K problems that may result in unauthorized discharges of hazardous substances or failure of environmental monitoring systems.
Managing Transactions to Minimize Risk: The Buyer's Perspective
Heather A. Wyman of Buchanan Ingersoll & Rooney PC
INTRODUCTION In sports, every athlete recognizes that to gain the winning edge, preparation and knowing the compet.
Unusual Partnership Yields $1 Million Cleanup Grant for Brownfield
The Law Offices of Janet S. Kole, P.C.
On January 15, 1998 Governor Tom Ridge and Secretary of Community and Economic Development Samuel A. McCullough ann.
Changes in GAAP Put Spotlight on Environmental Disclosure
Jeffrey B. Gracer of Torys LLP
Recent changes to accounting rules governing asset retirement obligations, particularly with respect to environmental legal obligations, have put the spotlight on environmental disclosure. The new rules are quite complex and ambiguous. Many of the finer points in their application have yet to be worked through by the accounting industry, in-house counsel and environmental specialists.
CERCLA Amended To Limit Liability, Stimulate Brownfields Redevelopment
Pillsbury Winthrop Shaw Pittman LLP
President Bush signed into law the Small Business Liability Relief and Brownfields Revitalization Act, the first substantial set of amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) in years. The amendments are complex and cover many aspects of the Superfund program.
Incentives for Environmental Innovation: Federal Programs that Reward Innovative Environmental Protection
William J. Walsh and James M. Singer of Pepper Hamilton LLP
This article reviews several newfederal government-industry partnerships that encourage environmental innovation.
Disclosing Contingent Environmental Liabilities & Navigating In A New Environment
Jeffrey B. Gracer and Andrew J. Beck of Torys LLP
The Sarbanes-Oxley Act and its implementing regulations are increasing the level of scrutiny given to public companies' disclosure of contingent risks. Environmental issues, however, have not necessarily been at the top of the list. This article highlights some of the challenges presented for Sarbanes-Oxley compliance in the environmental arena, identifies potential solutions to those challenges and examines some of the consequences that are likely to flow from increased environmental disclosure.
Product Marketing: Can New Government Programs Help?
William J. Walsh of Pepper Hamilton LLP
This article reviews the effects of the Federal government's backing of "environmentally preferable" products on the industrial biotechnology sector.
Four Agencies Meet to Sign Letter of Commitment on Clean Up of Shared Rivers
Daniella Landers of Honigman Miller Schwartz and Cohn LLP
On April 17, 1998, senior representatives of the U.S. Environmental Protection Agency (EPA), the Michigan Departmen.
Superfund Reauthorisation Or Reform: To Be Or Not To Be?
Oliver, Roseann of Cahill, Christian & Kunkle, Ltd.
While both parties in Congress agree that Superfund needs significant reform, they disagree on the appropriate .
Contribution Liability Under CERCLA Can Be Joint
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
The Seventh Circuit Court of Appeals has held in the case of BrowningÃÂFerris Industries v. Ter Maat, 1999 WL 9889.
Trashing Superfund: The Role Of Municipal Solid Waste In CERCLA Cases
Daniel M. Steinway of Kelley Drye & Warren LLP
This article was originally published in the Outside Perspectives section of CCM -The American Lawyer's Corporate C.
Indirect Owner/Operator Liability Under CERCLA
Daniel M. Darragh of Buchanan Ingersoll & Rooney PC
Introduction When Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act ("CERC.
Dissolved Limited Partnership Can Be Liable Under CERCLA
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
A U.S. District Court in Georgia has upheld the right to sue a dissolved limited partnership for contribution under.
Municipal Brownfields Strategies
Mitchell E. Burack of Pepper Hamilton LLP
This article covers the following topics: Brownfields Issues- Legal Support for Local Governments and Industrial Development Authorities; Brownfields Conceptual Plan; Local Government Partnering Plan; Local Authority Real Estate and Land Use Issues; Federal Grant and Loan Options.
Some Relief For De Minimis Parties At Superfund Sites
Buchanan Ingersoll & Rooney PC
The United States Court of Appeals for the First Circuit in the case of Acushnet Co. v. Mohasco Corp., No. 97-2138.
Commonwealth May Be Liable Under HSCA
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In a case of first impression, the Pennsylvania Commonwealth Court has ruled that the Commonwealth can be liable as.
Beware: New Federal Brownfields Legislation is not a Panacea for Urban BlightÂ
Susan E. Padley of Howard & Howard
Brownfields, those abandoned, polluted tracts of urban land have gotten a boost from recent federal legislation. While many states have had "brownfields initiatives" legislation designed to encourage redevelopment of brownfield properties for many years, the federal government has just recently gotten on board.
New Jersey Revises Soil Cleanup Criteria
Riker Danzig Scherer Hyland & Perretti LLP
Examined are the NJDEP's revised Soil Cleanup Criteria for beryllium, cadmium, chromium, and total xylenes.
New Amendment to Pennsylvania's Hazardous Material Emergency Planning and Response Act
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On December 20, 2000, Governor Ridge signed into law the first amendments to the Hazardous Material Emergency Plan.
GAO Recommends SEC Improve Tracking of Environmental Liabilities and Disclosures
S. Joel Cartee and Mark F. McElreath of Alston & Bird LLP
This advisory summarizes a GAO report on environmental disclosures by public companies in filings with the SEC. The GAO recommended that the SEC take steps to improve the tracking and transparency of information related to the SEC's reviews of companies' filings and work with the EPA to explore ways to take better advantage of EPA data relevant to environmental disclosure.Ã
2004: An Active Year in Canadian Environmental Law
Michael J. Fortier,Leonard J. Griffiths and Dennis E. Mahony of Torys LLP
The year 2004 has proven to be another active year for environmental law in Canada, which continues to develop in response to international and domestic influences. A noteworthy example of an international event with potentially far-reaching implications for Canadian business was the U.S. Environmental Protection Agency's (EPA's) move to unilaterally assert jurisdiction over the Canadian operations of a Canadian company, Teck Cominco Metals Ltd. (Teck Cominco), for allegedly causing pollution in the United States. Another example is the Russian ratification of the Kyoto Protocol to the U.N. Framework Convention on Climate Change, which will lead to the much-debated protocol coming into effect on February 16, 2005.
Redevelopment Under State Super Fund Laws
Harry F. Klodowski of Law Offices of Harry F. Klodowski
Introduction In the fourteen years since CERCLA, nearly all states have passed some form of state hazardous.
Brownfields, Environmental Justice, and Indian Lands:The Future of Real Estate Development in New Mexico
William C. Scott of Modrall Sperling
A look at the land development options in the Albuquerque metropolitan area illustrates that brownfields initiatives, the environmental justice movement, and leasing and development of Indian lands may become increasingly significant components of the New Mexico real estate lawyer's day-to-day practice.
ISO 14000: Will It Work For You
Mary L. Walker of Brobeck Phleger & Harrison LLP
This article discusses some of the benefits and issues surrounding ISO 14000 certification.
Special Bulletin: Federal and State Superfund Statutes Are Amended to Protect Lenders
William S. Waller of Pillsbury Winthrop Shaw Pittman LLP
The possibility of environmental liability for lenders resulting from making, administering or foreclosing on loa.
Pennsylvania Experience Shows That New Jersey`s New Brownfields Legislation Can Spur Cleanup
The Law Offices of Janet S. Kole, P.C.
On January 6, 1998, Governor Christie Whitman signed into law New Jersey's Brownfield and Contaminated Site Remedia.
Recent Petroleum Cost Recovery Ruling Limits Rights in Pennsylvania
Buchanan Ingersoll & Rooney PC
A recent decision by Judge William W. Caldwell of the United States District Court for the Middle District of Penns.
Lack of Evidence that Actions Resulted in Response Costs Precludes Company's Liability
Daniella Landers of Honigman Miller Schwartz and Cohn LLP
The United States District Court for the Western District of Michigan recently held that an association .
OSHA's New Fatality Investigation Partner: EPA?
Douglas B. M. Ehlke of Ehlke Law Offices
OSHA has just announced what it calls "significant changes" to workplace fatality investigations. The directive states that "the Agency places a very high priority on fatality catastrophe investigations, a high degree of sensitivity and in-vestigative accuracy." Catastrophe is a work-related event that sends at least three employees to the hospital.
Help for Brownfields
Raymond S. Papperman of Stark & Stark
Ever expecting an influx of residents and business to New Jersey, Trenton is again touting "smart growth", the control of sprawl and the promotion of redevelopment. Several state programs are available in New Jersey to promote development of "brownfields"ÃÂ environmentally compromised and either abandoned, idle or underutilized sites that are often, but not always, former industrial sites or gas stations.
Pre-CERCLA Sale Agreement Held to Transfer Liabilities Arising Under Later Laws
Riker Danzig Scherer Hyland & Perretti LLP
Examined is the Sixth Circuit Court's ruling in White Consolidated Industries, Inc. v. Westinghouse Electric Corporation, which will limit claims by purchasers based upon sale contracts that were consummated prior to enactment of environmental liability statutes.
Liability for LUSTs--An Illinois Perspective
Vincent S. Oleszkiewicz and Peter J. Gillespie of Baker & McKenzie LLP
This article concerns Several new liability theories have emerged in litigation over leaking underground storage tanks ("LUSTs").
Epa Offers Relief to Owners of Land Overlying Contaminated Aquifers
Pillsbury Winthrop Shaw Pittman LLP
October 1995 The U.S. Environmental Protection Agency has issued a final "Policy Toward Owners of Property Contain.
Every Last DropÃÂ
Gary R. Letcher, Environmental Counsel
It is incredible how even the tiniest spill can cause a huge headache for a carrier of hazardous materials.
CERCLA Successor Liability: Theories of Liability
Alicia C. Rood of Buchanan Ingersoll & Rooney PC
INTRODUCTION The Comprehensive Environmental Response, Compensation and Liability Act, 42U.S.C. ??9601- 9675 ("C.
President Clinton's "Year 2000 Information Disclosure Act"
Robert E. Crotty of Kelley Drye & Warren LLP
Introduction President Clinton's "Year 2000 Information Disclosure Act" is an attempt to encourage entities to.
Practical Lessons in Dealing with EPA and Other Regulatory Agencies in Hazardous Waste Proceedings
William J. Walsh of Pepper Hamilton LLP
This paper provides some practical suggestions for dealing with regulatory agencies with a special emphasis on the legal basis necessary for scientific opinions in regulatory proceedings.
Site Assessments And Other Environmental Due Diligence Considerations From Site Owners' and Purchasers' Perspectives
Stanley R. Geary of Buchanan Ingersoll & Rooney PC
Introduction Environmental considerations are often crucial in the sale or acquisition of real estate, stock or as.
Brownfields Revitalization
Kenneth A. Brown of Spiegel & McDiarmid LLP
The cleanup and revitalization of urban "brownfields" represents one of the most exciting, and most .
Looking Backwards: How Do You Get Paid?
Carolyn M. White of Nixon Peabody LLP
This article discusses the sources of funding and the standards for submitting claims for damages relating to oil spills in United States waters.
Navigating the Next CERCLA Labyrinth: A Checklist for Defending Natural Resource Damages Claims at Hazardous Waste Sites
James A. Bruen and David J. Lazerwitz of Farella Braun + Martel LLP
Since its enactment in 1980, the Comprehensive Environmental Response, Compensation and Liability Act has dramatically altered the legal landscape concerning hazardous substance liability and remediation. During this time, CERCLA's Superfund program has resulted in nearly 45,000 site assessments, 7,400 removal actions, 850 completed cleanups and the commitment of more than $20 billion from potentially responsible private parties for remediation costs.