Lenders need to consider the scope and extent of the Phase I Environmental Site Assessment ("Phase I ESA") they routinely utilize in connection with the acquisition and financing of real estate projects...
In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21...
Kudos to David Abel of the Boston Globe for a thorough and balanced report on the dire state of the coastal waters of Cape Cod and what might be done to improve it.
ICYMI. . . the U.S. Environmental Protection Agency's (EPA's or Agency's) Toxic Substances Control Act (TSCA) office is moving into evaluating whether there is unreasonable risk at...
Duane Morris LLP
On May 5, 2022, Attorney General Merrick Garland made three significant announcements regarding the Department of Justice's (DOJ) approach to so-called environmental justice enforcement.
Arnold & Porter
Regulation of wetlands is one of the most significant ways that the government controls land use. While federal jurisdiction over wetlands is buffeted by the political and judicial winds...
A non-profit research group, First Street Foundation, recently released data that calculates the wildfire risk for each property in the United States (excluding Alaska and Hawaii).
On May 11, 2022, the Biden administration1 issued its Permitting Action Plan (Action Plan) to "ensure the timely and sound delivery of much-needed upgrades to America's infrastructure"...
Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice.
In particular, the USPS allegedly did not adequately consider reasonable alternatives such as purchasing electric vehicles rather than ones powered by internal combustion engines.
Stroock & Stroock & Lavan LLP
Many property owners who submitted applications for emissions cap adjustments under New York City's signature environmental legislation, Local Law 97, ...
Seyfarth Shaw LLP
Seyfarth Synopsis: United States Environmental Protection Agency (USEPA) Administrator Michael S. Regan and Attorney General Merrick B. Garland announced the Department of Justice's (DOJ)...
The Humboldt WEA, if developed, could bring up to 1.6 GW of clean energy to the grid, enough to power approximately 560,000 homes.
Sidley Austin LLP
On April 28, 2022, the U.S. Court of Appeals for the First Circuit, sitting en banc, considered in Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc. et al. whether a state consent order settling claims under a state analogue to the federal Clean Water Act.
Riker Danzig Scherer Hyland & Perretti
In the decades since its adoption in the 1970s, the New Jersey Spill Compensation and Control Act (the "Spill Act"), N.J.S.A. 58:10-23.11 et seq., has not been understood to impose liability on the sellers of chemicals that a purchaser later discharged into the environment.
Foley Hoag LLP
Last month, Oakland Mayor Libby Schaaf wrote to the Federal Highway Administration, stating that Oakland "is suffering from a crippling housing and homelessness crisis."
Taft Stettinius & Hollister
The U.S. Environmental Protection Agency has withdrawn a direct final rule which proposed the adoption of updated contaminated site assessment standards.
Foley & Lardner
As Environmental, Social and Governance trends continue to evolve, the industry continues to publish best practices and guidance to aid in the development of this rapidly growing market...
Foley Hoag LLP
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties...
Arnall Golden Gregory
For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment ("ESA") before acquiring a new property interest.