As discussed in one of our earlier blogs, back in March 2020, the U.S. Environmental Protection Agency (EPA) issued its controversial Enforcement Policy outlining certain situations where EPA would not pursue enforcement actions for specific instances of noncompliance in response to the COVID-19 pandemic. Most of the suspended obligations related to routine monitoring and
Transactions Involving Contaminated Property
COVID-19 ALERT: NJDEP Confirms Site Remediation Work Allowed Under Statewide Shut Down of Construction Projects; Social Distancing Practices Required
Late last night, the New Jersey Department of Environmental Protection (NJDEP) released guidance confirming that site remediation work may continue under Governor Murphy’s Executive Order 122 (EO-122), which shut down all non-essential construction projects as of Friday, April 10 to help prevent community spread of COVID-19.
As anticipated in our blog last week, NJDEP…
Emerging Contaminants Update: New York Releases New PFAS Sampling Guidance
The New York State Department of Environmental Conservation (NYSDEC) just released its new Guidance for Sampling and Analysis of PFAS Under NYSDEC’s Part 375 Remedial Programs January 2020. Click here for background about PFAS chemicals and why regulators are taking action.
The guidance provides sampling protocols for PFAS in soils, sediments, solids, monitoring wells,…
Help Me Help You: NJDEP Explains Common Deficiencies That Delay Issuance Of Ground Water Remedial Action Permits
The New Jersey Department of Environmental Protection (NJDEP) recently issued a summary of several groundwater guidance documents in an effort to address deficiencies that delay the issuance of Ground Water Remedial Action Permits. These permits are required in New Jersey whenever groundwater contamination above cleanup standards remains at a site as part of a remedial…
Buyer Beware: No-Fault Owner Responsible for 25% of Past and Future Cleanup Costs
Valbruna Slater Steel Corp. (Valbruna) knew about the extensive contamination from a former owner’s industrial operations when it bought the Indiana steel mill out of bankruptcy in 2004. As many do when buying contaminated property, Valbruna negotiated a Prospective Purchaser Agreement (PPA) with the Indiana Department of Environmental Management (IDEM) and escrowed $500,000 for the…