News & Analysis as of

Environmental Protection Agency (EPA) Brownfield Properties

McGlinchey Stafford

How a Second Trump Presidency Could Impact Brownfield Redevelopment: Policy, Economics, and Environmental Considerations

McGlinchey Stafford on

A second Trump presidency may bring a renewed focus on deregulation and a reduction in federal oversight, which could have profound implications for brownfield redevelopment. Brownfields are previously developed sites, often...more

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

Brownfield Funding: U.S. Environmental Protection Agency Announces Availability of $232 Million in Grant Funding

The United States Environmental Protection Agency (“EPA”) issued a news release on September 6th, stating it was making available $232 million in grant funding through the federal agency’s Brownfields Assessment, Revolving...more

Foley Hoag LLP - Environmental Law

Navigating Sites with PFAS Through the Superfund Process Is Going to Be a Bumpy Ride

For most of this century, I’ve been asked with some regularity whether Superfund was dead. I’ve always considered that question to be a victory of hope over expectation. Notwithstanding frequent criticism, frequently...more

McGlinchey Stafford

PFAS as CERCLA Hazardous Substances: Impact on Commercial Real Estate Transactions

McGlinchey Stafford on

On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more

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

Brownfields/Arkansas: U.S. Environmental Protection Agency Announces Grant Awards for Southwest Arkansas Planning/Development...

The United States Environmental Protection Agency (“EPA”) announced in a May 23rd news release Brownfield grants have been awarded to the following Arkansas entities: Arkansas Department of Energy & Environment...more

Saul Ewing LLP

EPA Action Designates Two Widely Used PFAS as Hazardous Substances Under the Superfund Law

Saul Ewing LLP on

On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Foley Hoag LLP - Environmental Law

Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?

This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is...more

Kohrman Jackson & Krantz LLP

Federal Brownfields Incentives Program’s Triumphant Return

On November 16, 2023, Congressman Mike Turner (R-OH-10) and Mikie Sherill (D-NJ-11) reintroduced the bipartisan Brownfields Redevelopment Tax Incentive Reauthorization Act (H.R. 6438) (BRTIRA). BRTIRA is designed to provide...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already "closed"...

Mintz on

Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already...

Mintz on

Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more

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

Funding/Brownfields: U.S. Environmental Protection Agency Region 6 News Release Describes Three Arkansas Recipient Projects

The United States Environmental Protection Agency (“EPA”) Region 6 Office released a June 7th news release describing three Arkansas recipients of brownfield grants. The State of Arkansas is in EPA’s Region 6....more

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

Cleanup and Technical Assistance/Brownfields: U.S. Environmental Protection Agency Announces $3 Million in Funding (Including...

The United States Environmental Protection Agency (“EPA”) announced in a May 25th news release that it is providing $215 million to expedite the assessment and cleanup of Brownfield sites....more

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

U.S. Environmental Protection Agency Brownfields Program Funding: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Waste Management Officials (“ASTSWMO”) issued a position paper addressing the United States Environmental Protection Agency’s (“EPA”) Brownfields program. The position paper...more

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

Biden Administration Fiscal Year Proposed 2024 Budget: $12 Billion Requested for U.S. Environmental Protection Agency

The United States Environmental Protection Agency (“EPA”) issued a March 9th news release addressing the Biden Administration’s fiscal year 2024 budget request. The Biden Administration is requesting $12 billion 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

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

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

Technical Assistance Resources to Support the Reuse of Brownfield Sites: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled: Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)...more

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

Building Up Environmental Justice in EPA's Land Protection/Cleanup Programs: U.S. Environmental Protection Agency Announces Action...

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

Husch Blackwell LLP

Energy Tax Provisions in the Inflation Reduction Act of 2022 Audience Questions

Husch Blackwell LLP on

On August 25, 2022, Husch Blackwell’s Energy team kicked off the first of a series of webinars focusing on the Inflation Reduction Act of 2022. Attendees were able to submit their most-pressing questions related to changes in...more

Foley Hoag LLP - Environmental Law

EPA Proposes to List PFOA and PFOS as Hazardous Substances: What Could Possibly Go Wrong?

EPA announced today that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA.  EPA appears to be sanguine about how the listing will play out in the real world. EPA is focused on holding responsible...more

Akerman LLP

Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

Akerman LLP on

The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more

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

ASTM E1527-21/All Appropriate Inquiries: Selected Comments Filed Addressing U.S. Environmental Protection Agency Proposed/Direct...

The U.S. Environmental Protection Agency (“EPA”) has received to date 14 comments addressing both a proposed rule and direct final rule amending 40 CFR Section 312.11 which would amend the Comprehensive Environmental...more

Nossaman LLP

Podcast: CERCLA at 40: The Monster That Often Eats the Village

Nossaman LLP on

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began...more

Snell & Wilmer

Environmental Justice Coming into Focus Under Biden’s USEPA

Snell & Wilmer on

In its June 25, 2021 Press Release, the U.S. Environmental Protection Agency (“USEPA”) presented its plan for utilizing $50 million dollars, allocated to the agency under the American Rescue Plan Act of 2021/Covid-19 stimulus...more

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