Contamination

Financial Assurance for Cleanup in Perpetuity

By David Mandelbaum on July 9, 2025

Posted in Contamination, Featured, Finance, Hazardous substance, Hazardous Waste, Uncategorized

When a responsible party agrees to clean up a contaminated site under many programs, the government often demands that it provide financial assurance for the completion of the work. When hazardous substances will remain on the site, the site may require response in perpetuity. Can one specify an amount of financial assurance to secure the forever cleanup? Earlier this spring, the Pennsylvania Commonwealth Court considered that question in a case involving cleanup of a site in Ford City. See PennEnvironment v. Department of Environmental Protection, No. 566 C.D. 2024 (Pa. Commw. Ct. Mar. 11, 2025).…

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NY’s Superfund Law Poised for Overhaul: Aligning with CERCLA and Accounting for Environmental Justice

By Zackary D. Knaub on May 9, 2025

Posted in CERCLA, Contamination, Environmental, Environmental Justice, Featured, Legislation, New York, Superfund

New York’s legislature has passed significant amendments to New York’s Environmental Conservation Law concerning the Inactive Hazardous Waste Disposal Site Remedial Program—commonly referred to as the State Superfund program.…

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Considerations for Connecticut’s New Environmental Cleanup Rules

By Sean W. Bezark on January 23, 2025

Posted in Contamination, Environmental, Featured, Real estate, State & Local

Connecticut is transitioning to a new approach to environmental cleanup and property transactions. The Release-Based Cleanup Regulations (RBCRs) will replace the Transfer Act[1], which impacted property…

No Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under ‘Act 2’—Does That Matter?

By David Mandelbaum on January 7, 2025

Posted in Contamination, Environmental, Featured, Pennsylvania, Pennsylvania, State & Local

Act 2 has been on the books since 1995. UECA was adopted in Pennsylvania at the end of 2007. More than a few UECA covenants have been recorded as parts…

5 Trends to Watch: 2024 Florida Environmental Issues

By Kerri Barsh on February 6, 2024

Posted in Brownfields, Clean Water Act, Climate Change, Contamination, Emerging Contaminants, EPA, Featured, Florida, Infrastructure, PFAS, State & Local, Wetlands

Uptick in Redevelopment of Contaminated Sites – This trend is evident both for impacted sites in general and for those formally in the state of Florida’s (EPA) Brownfields Program, which provides

Commonwealth Court Offers Another Take on Valuing Contaminated Property

By David Mandelbaum on November 16, 2023

Posted in Contamination, Court Cases, Featured, Pennsylvania, Pennsylvania, State & Local

Intuitively, contamination reduces the value of property. But intuition does not count as evidence. The issues of how one proves that one ought to take a discount from a property’s…

Lessons from Someone Else’s Book About a Big Matter I Handled

By David Mandelbaum on June 28, 2023

Posted in Articles, Contamination, Emerging Contaminants, Environmental, Featured, Pollution, Water, Water quality

I recently finished P. David Allen II’s and Susan Campbell’s new book Paper Valley: The Fight for the Fox River Cleanup (Wayne State Univ. Press 2023). Allen was a wildlife biologist in…

Navigating Voluntary Cleanups in a World of Evolving Science

By Caleb Holmes on November 4, 2022

Posted in Contamination, Emerging Contaminants, Environmental, Featured, Pennsylvania, PFAS, PFOA, PFOS, Remediation, State & Local

Pennsylvania’s Land Recycling and Environmental Remediation Standards Act of 1995, or Act 2, established Pennsylvania’s program for the voluntary cleanup of contaminated sites. Act 2 requires the Environmental Quality Board…

E2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B

By Greenberg Traurig, LLP on May 11, 2022

Posted in Allocation, Contamination, EPA, Featured, Federal, Podcast, Superfund, Waste

In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act…
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E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A

By Greenberg Traurig, LLP on May 9, 2022

Posted in Allocation, CERCLA, Contamination, Featured, Federal, Gore Factors, Hazardous Waste, Litigation, Podcast, Regulatory, Superfund, Waste

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability…
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