contaminated sites

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).…

Continue Reading Financial Assurance for Cleanup in Perpetuity

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?
  1. 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
… Continue Reading 5 Trends to Watch: 2024 Florida Environmental Issues

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

The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of…
Continue Reading The Top 5 New Environmental Issues for Commercial Property Owners or Managers