Jenner & Block: EPA Issues New NEPA Mapping Tool

By E. Lynn Grayson, Partner, Jenner & Block EPA has issued a new online mapping tool, NEPAssist, to assist federal agencies in evaluating possible NEPA environmental review obligations. NEPAssist is one of five pilot projects selected by the White House Council on Environmental Quality to advance...

Michael Gerrard -- Commemorating 125 years of Matthew Bender

Michael B. Gerrard is General Editor of Matthew Bender's Environmental Law Practice Guide and Brownfields Law and Practice. He is also co-author of Mathew Bender's Environmental Impact Review in New York. He discusses how he became involved working on the treatises, the changes he has seen in...

Jenner & Block: U.S. EPA Issues Revised Guidance On The Use Of Institutional Controls At Contaminated Sites

By Steven M. Siros, Partner, Jenner & Block U.S. EPA's Office of Solid Waste and Emergency Response ("OSWER") recently issued revised guidance relating to the use of institutional controls at Superfunds sites and other contaminated properties. The first guidance document, titled...

Jenner & Block: New EPA Guidance On Institutional Controls

By E. Lynn Grayson , Partner, Jenner & Block EPA has released guidance on the use of institutional controls at CERCLA, RCRA and UST sites. The guidance titled Institutional Controls: A Guide to Planning, Implementing, Maintaining and Enforcing Institutional Controls at Contaminated Sites is...

Jenner & Block: New MOU Between EPA And Kentucky

By E. Lynn Grayson , Partner, Jenner & Bloc EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups in Kentucky. The MOU is intended to help property...

Pepper Hamilton Client Alert: Fourth Circuit Brownfields Decision Stops Short of Worst-Case Outcome

By Jane C. Luxton and Todd C. Fracassi, Partners, Pepper Hamilton LLP In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002 to "promote the cleanup and reuse of brownfields...

West Virginia Gets Serious About Liability Barriers To Brownfield Revitalization

By Dianne Saxe, Ontario Environmental Lawyer West Virginia is getting serious about brownfield revitalization in a way no Canadian jurisdiction has done. In April, they adopted a West Virginia Land Stewardship Corporation Act , to come into effect July 12, 2013. It will meaningfully address the key...

Preparing for Exit: Will Your Environmental Liability Disclosures Comfort a Buyer?

The following post is provided by our guest author, Graham Crockford from TRC Environmental Corporation. Graham can be reached at gcrockford@trcsolutions.com . Our firm is often retained to assist companies evaluate environmental risk/liabilities during acquisitions and divestitures. Whether a company...

Top Environmental Issues Facing Automotive Suppliers in 2014

Executive Summary Like any other part of the manufacturing sector, auto suppliers face a number of challenges complying with environmental regulatory requirements, in particular managing and monitoring development of greenhouse gas emissions limits in the United States, European Union, and elsewhere...

EPA Formally Recognizes ASTM E1527-13 as Compliant with CERCLA's All Appropriate Inquiry Rule

By Kyle R. Johnson The U.S. EPA has formally recognized a new standard (ASTM Standard E1527-13) to demonstrate compliance with the All Appropriate Inquiry (AAI) Rule when conducting Phase I environmental site assessments. The new Standard is the first significant revision to the ASTM Phase I standard...

Waste Board Amends VRP Regulations: What’s Changed?

BY: CHANNING J. MARTIN The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014 [ enhanced version available to lexis.com subscribers...

Significant Change to EPA’s 'All Appropriate Inquiry' Rule

Performing a Phase I environmental site assessment has long been a routine, but integral part of the environmental due diligence in any transaction involving the acquisition of an interest in commercial and industrial real property. Perhaps the most important aspect of performing a Phase I is the information...