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Real Estate Development Contaminated Properties

Mitchell, Williams, Selig, Gates & Woodyard,...

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

Pullman & Comley, LLC

Brownfield Projects Receive a Critical Carve-Out from Connecticut’s Prevailing Wage Laws

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A key amendment to the state’s prevailing wage laws was passed by the General Assembly last night (June 3) as part of the passage of the comprehensive State Budget Implementer Bill (Bill No. 7187). The amendment helps resolve...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

Bricker Graydon LLP

More than $55M Awarded to Demolition and Remediation Projects in Ohio

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Contaminated and decrepit properties across the state will be transformed thanks to two programs awarding millions of dollars to address barriers to development, according to a press release from the governor’s office....more

Morris, Manning & Martin, LLP

Recap of the Georgia Brownfield Association’s Annual Seminar, Brian Remler, Sydney Brogden

The Georgia Brownfield Association (GBA) held its 10th annual Brownfield Seminar on April 9th, bringing together leaders from the legal, engineering, and government sectors who share an interest in furthering the...more

Bennett Jones LLP

But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

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We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a...more

Morris, Manning & Martin, LLP

Benefits of Brownfield Redevelopment

While some developers are dragged reluctantly into redeveloping brownfields, others actively pursue these environmentally impacted properties in recognition of the advantages they can provide under the right circumstances....more

Brownstein Hyatt Farber Schreck

Buying Property? Make Sure Your Phase I ESA Is Worth the Paper It’s Printed On

Imagine it’s August 2024 and you just got the dreaded news from a colleague that a government agency suspects that there are hazardous substances on a new property your company just bought. Even worse, your colleague just...more

Goulston & Storrs PC

Reimbursement for Remediation: Massachusetts Brownfields Tax Credits Program Extended

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Today Governor Maura Healy signed legislation extending the eligibility deadlines for the Massachusetts Brownfields tax credits program by five years. The legislation had been included in the budget bill, which had recently...more

Burr & Forman

Legislation Seeks to Expand Alabama Brownfields Program

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This week a bill was introduced in the Alabama Legislature which would expand the state’s Brownfield Redevelopment and Voluntary Cleanup Program through the implementation of new features aimed to increase participation in...more

Orrick, Herrington & Sutcliffe LLP

IRA: Energy Communities and Brownfields Tax Guidance: What Companies Need To Know

Initial guidance for the bonus credit amount for renewable energy projects located in “energy communities” answers numerous questions about how to prove a project qualifies for extra tax credits. The guidance—which is in...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Farrell Fritz, P.C. on

The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Environmental General Counsel PC

California Draft Vapor Intrusion Guidance Now Final

On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

Greenberg Glusker LLP

Here at Last! DTSC’s 2022 Vapor Intrusion Advisory

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Last month, the California Department of Toxic Substances Control (“DTSC”) issued its long-awaited “Vapor Intrusion Update” (“Advisory”) which is intended to guide the selection of attenuation factors (“AFs”) at contaminated...more

J.S. Held

The Evolution of Brownfield Redevelopment

J.S. Held on

The exact number of brownfield sites in the United States is not known. Some sources estimate the number at more than 450,000, amounting to more than five million total acres of land. One report estimated that U.S. cities...more

Farrell Fritz, P.C.

10 More Years – New York’s Brownfield Cleanup Program Extended

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When New York Governor Kathy Hochul executed the 2022-2023 State Budget, it included a 10-year extension to the State’s Brownfield Cleanup Program (“BCP” or “Program).  The State’s voluntary, incentive-laced, BCP was set to...more

Herbert Smith Freehills Kramer

Amendments to the New York State Brownfield Cleanup Program

The New York State Legislature has passed legislation that amends the NYS Brownfield Cleanup Program (BCP) and associated tax credit program and extends the program for another 10 years. The amendments extend the BCP, which...more

UB Greensfelder LLP

[Webinar] The New Phase I Environmental Site Assessment Standard and Solving Environmental Problems during Real Estate...

UB Greensfelder LLP on

Join Ulmer for a Live Webinar on the New Phase I ESA Standard and Solving Environmental Problems During Real Estate Transactions - The American Society for Testing Materials (ASTM) released an update last November to the...more

Williams Mullen

Virginia DEQ Suspends Issuance of Bona Fide Prospective Purchaser, Lender Liability and other Brownfield Program Comfort Letters

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The Virginia Department of Environmental Quality (VDEQ) has just given notice on its website that, effective immediately, it has stopped issuing so-called “comfort letters” as part of its brownfield program. Such comfort...more

Akerman LLP

Major Boost Coming in Federal Brownfield and Superfund Spending and Focus

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Following the enactment of the federal Infrastructure Investment and Jobs Act (H.R. 3684) and its signing into law by President Joseph R. Biden this month, significantly expanded federal funding and emphasis is expected in...more

Goulston & Storrs PC

New Massachusetts Brownfields Tax Credits Regulations Just Released

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The Massachusetts Department of Revenue (DOR) issued final regulations effective July 9, 2021 (the Regulations) that are intended to aid in the implementation of the Massachusetts Brownfields Tax Credits program, which was...more

Pullman & Comley, LLC

UConn’s Connecticut Brownfields Initiative to Provide Support to Municipal Entities and Others Who Are Seeking EPA Brownfield...

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The Connecticut Brownfields Initiative of the University of Connecticut recently announced the release of a Request for Proposals for its Municipal Assistance Program starting in the fall of 2021.  The Municipal Assistance...more

Pullman & Comley, LLC

Newsflash: Connecticut Remediation Regulations Published and Effective as of February 16, 2021

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The long-awaited revisions to the Remediation Standard Regulations (RSRs) and to the Environmental Use Restriction (EUR) regulations were published by the Connecticut Secretary of State on February 16, 2021.  The revised...more

Herbert Smith Freehills Kramer

The New York State Brownfield Cleanup Program: Budget Updates and Looking Ahead to an Extension

Governor Cuomo’s FY 2022 Budget provides relief to participants in the New York State Brownfield Cleanup Program (BCP) that risk losing their Tangible Property Tax Credit due to pandemic-related and other delays....more

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