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            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 ownership, among other things, to evaluate actual and potential environmental conditions.  If performed in accordance with the All Appropriate Inquiry Rule (“AAI Rule”), a Phase

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

In November 2015, the northern long-eared bat was listed as a threatened species due to the devastating impact of white-nose syndrome.  White-nose syndrome is a disease caused by a fungus that affects hibernating bats and is decimating the bat population.  As a result of continued population decline, the U.S. Fish and Wildlife Service (“USFWS”) announced a final rule to reclassify

Continue Reading U.S. Fish and Wildlife Service Lights the Bat Signal, Designating the Northern Long-Eared Bat as Endangered

For the New York State Department of Environmental Conservation (“NYSDEC” or “Department”), discretion has been the better part of valor when considering enforcement of certain provisions of the Revised Part 360 Solid Waste Regulation Series (“Regulations”). 

In September 2017, NYSDEC announced a comprehensive overhaul of the then existing regulations governing Solid Waste Management Facilities.  The Regulations became effective on November

Continue Reading Nearly 5 Years After Historic Update, New York’s Part 360 Solid Waste Regulation Series Remains a Work in Progress

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 expire on December 31, 2022.  The Program’s extension generally reinforces the State’s commitment to incentivize the remediation and re-use of environmentally-compromised and economically-blighted property.

Applicants can now
Continue Reading 10 More Years – New York’s Brownfield Cleanup Program Extended

When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure.  Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due diligence requirement of any commercial transaction involving real estate.  A Phase I ESA generally consists of four main components, including a site
Continue Reading ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses

On October 5, 2021, the New York State Department of Environmental Conservation (“Department” or “DEC”) released water quality guidance values for three emerging compounds, PFOA, PFOS and 1,4-Dioxane (collectively, “Emerging Compounds”).  The comment period for the draft guidance values runs until November 5, 2021.  Comments can be issued to the Department at 625 Broadway, 4th Floor, Albany, NY 12233-3500, ATTN:
Continue Reading Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for a settling-party against a non-settling responsible party pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C §9613(f)(3)(B).  The
Continue Reading US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

Local Law 97 of New York City’s Climate Mobilization Act (the “Act”) is the City’s aggressive greenhouse gas emission reduction plan for buildings.  The City has published figures indicating that approximately 70% of greenhouse gas emissions are attributable to the City’s building stock.  The Act sets lofty emission reduction goals for existing buildings, with emission limits that become stricter over
Continue Reading NYC Climate Mobilization Act – Relief in Sight?

On March 2, 2021 New York’s Office of Renewable Energy Siting (“ORES”) issued final regulations governing the siting of major renewable energy facilities pursuant to obligations established by the Accelerated Renewable Energy Growth and Community Benefit Act (the “Act”).  The regulations serve as a tool to achieve the climate change targets established by the Climate Leadership and Community Protection Act
Continue Reading Lightning Round – New York’s Office of Renewable Energy Siting Promulgates Streamlined Siting Regulations for Large-Scale Renewable Energy Projects