Brownfields & Remediation
PFAS Developments: CERCLA Designations Stay Intact for Now, Rollbacks Under SDWA
The regulation of per- and polyfluoroalkyl substances (PFAS) continues to evolve under the Trump administration, with the EPA making three important announcements last month. The agency intends to keep the existing hazardous substance designations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for PFOA and PFOS, but is seeking to modify PFAS regulations…
Managing Lender Liability: A Historical Overview and Practice Commentary for Moving Forward
CERCLA’s strict liability for environmental cleanup costs on owners or operators of contaminated sites contains limited defenses and exceptions. One such exception is the “safe harbor” that shields lenders from liability provided they do not undertake certain activities with respect to the site. But the applicability of this “safe harbor” is not altogether straightforward, and…
NYSDEC Proposes Updates to Commissioner’s Policy 51 – Soil Cleanup Guidance
For the first time in over a decade, NYSDEC proposes to update Commissioner’s Policy 51 (CP-51), which sets forth the soil cleanup levels for the NYSDEC Division of Environmental Remediation’s remedial programs, including the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Brownfield Cleanup Program (BCP), Voluntary Cleanup Program (VCP), Environmental Restoration Program…
Proposed Changes to Part 375 Remedial Program Regulations: Implications for Real Estate Developers and their Financing Institutions
On February 14, 2024, NYSDEC (the Department) issued a Notice of Proposed Rulemaking for amendments to its regulations at 6 NYCRR Part 375 (Part 375), which govern New York State remedial programs, including the Inactive Hazardous Waste Disposal Site Program (State Superfund), the Brownfield Cleanup Program (BCP), and the Environmental Restoration Program. The public can…
Energy Community Guidance for Brownfields under the Inflation Reduction Act
The Internal Revenue Service (IRS) and the Treasury Department released guidance last month on the bonus credit available for certain production and investment tax credits issued to qualified projects located in “energy communities” pursuant to the Inflation Reduction Act of 2022 (IRA). The IRA allows taxpayers to deduct a percentage of the cost of eligible…
NYC Mayor’s Office of Environmental Remediation Proposes New Enforcement Rules
In September 2022, the NYC Mayor’s Office of Environmental Remediation (OER) published draft rules proposing to establish OER’s authority to commence enforcement actions against parties who fail to comply with OER-approved Site Management Plans (SMPs). The proposed rules would enable OER to issue summonses returnable before the Office of Administrative Trials and Hearings, and seek…