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
Continue Reading Considerations for Connecticut’s New Environmental Cleanup Rules
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
Continue Reading No Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under ‘Act 2’—Does That Matter?
Giuliano Apadula, a shareholder in Greenberg Traurig, LLP’s Environmental Practice in Philadelphia, will speak at Brownfields 2023 Friday, August 11 at 9:00 a.m. The conference will be
Continue Reading Greenberg Traurig’s Giuliano Apadula to Speak at Brownfields 2023
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
Continue Reading Lessons from Someone Else’s Book About a Big Matter I Handled
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
Continue Reading Navigating Voluntary Cleanups in a World of Evolving Science
In 2018 I commented on this blog about an opinion of the Massachusetts Supreme Judicial Court concerning a claim by the developer of a condominium development against the City of
Continue Reading UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E
A review of the environmental cases decided by the Pennsylvania appellate courts last year follows. Please forgive any omissions of cases or detail in this catalogue. Many of these cases
Continue Reading Environmental Cases in the Pennsylvania Appellate Courts in 2021
When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court
Continue Reading Neighbors’ Tort Claims Even After a Cleanup
In addition to causing infection and illness, the COVID-19 pandemic is creating challenges for organizations contending with employee quarantines and isolation, supply chain and logistics disruptions, and other operational changes.
While environmental compliance may not be top-of-mind right now for most Americans, it still is a critical consideration for organizations with environmental compliance or cleanup obligations.
Many environmental laws and settlement agreements provide relief valves in certain emergency or force majeure situations. But given that the regulators themselves may be quarantined or teleworking in the coming weeks and months, organizations can take certain steps now to ensure they are able to maintain environmental compliance during the COVID-19 pandemic or to obtain relief based on force majeure, impossibility or impracticability of performance, compliance-with-all-laws clauses, enforcement discretion, or emergency relief provisions.
Continue Reading Meeting Environmental Compliance and Cleanup Requirements During the Pandemic
On the morning of Dec. 25, the News Analysis on page A1 of the New York Times led off with this cheery holiday thought: “Sometime in the last couple of
Continue Reading Anticipating Environmental Issues in an Economic Downturn: 2019 Edition