It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community”. One way to be in an energy...more
Thanks to the Inflation Reduction Act (IRA), which went into effect in January, it can pay to be a brownfield – a term used to refer to a property that is affected by potential or confirmed contamination. Specifically, the...more
The United States Environmental Protection Agency (“EPA”) issued a document titled: EJ Action Plan – Building Up Environmental Justice in EPA’s Land protection and Cleanup Programs (September 22) (“Action Plan”)...more
The Leading Infrastructure For Tomorrow's America Act (LIFT America Act or the Act), H.R. 2741 – 116th Congress, was introduced by Rep. Frank Pallone Jr. (D-N.J.) on May 15, 2019. The House Committee on Energy and Commerce is...more
Maine’s Voluntary Response Action Program (VRAP) was enacted in 1993 to encourage the cleanup and redevelopment of Maine’s contaminated properties....more
• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more
Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties. ...more
In Voggenthaler v. Maryland Square LLC, 724 F.3d 1050 (9th Cir. 2013), the defendants argued that contamination that happened in Vegas, stayed in Vegas, and therefore the Commerce Clause barred the application of CERCLA. The...more
The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the Department of Defense. The...more