Law360's Brownfields Policy Tracker
State and federal governments have been proposing a slew of brownfields-related policies and laws in recent years as industry pressure and a historic funding allocation gives renewed focus to the work of remediating contaminated land.
Law360's brownfield policy tracker provides an overview of how those pending policies are advancing across the country.
Bill Title | Jurisdiction | Description | Intro Date | Last Action | Category | Status |
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May 9th, 2024, 4:19PM
GE Dropped From Louisiana Factory Contamination SuitGrace Dixon
A Louisiana federal judge dropped General Electric from property owners' suit alleging widespread contamination caused by a now-closed manufacturing facility, finding an earlier merger by a subsidiary did not make the company a liable successor.
May 7th, 2024, 7:36PM
New Missouri Law Forces Landfills Further From CitiesIsaac Monterose
A new Missouri law will increase the radius for approvals needed from nearby municipalities for several types of landfills to one mile from half a mile, in what the governor called a "win for property rights."
May 2nd, 2024, 3:37PM
Atty In $119M Bad Faith Win Seeks Justice In And Out Of CourtElizabeth Daley
Policyholder attorney Benjamin W. Massarsky of Miller Friel is part of a team that won over $119 million from insurers in a case thought to have garnered among the largest bad faith wins in the past 30 years. He also works pro bono to fight for accommodations for students with disabilities. Here, he shares where his passions for justice converge.
May 1st, 2024, 12:24PM
What Attys Are Saying About The PFAS CERCLA DesignationEmma Kennedy
In the days since the Environmental Protection Agency classified two "forever chemicals" as hazardous, real estate and environmental attorneys have been analyzing how the move applies to their work.
April 26th, 2024, 4:43PM
Colo. House OKs Land Cleanup Tax Credit ExtensionSanjay Talwani
Colorado would extend its income tax credit for certain environmental remediation of contaminated property for five years under legislation approved Friday by the House of Representatives.
April 19th, 2024, 8:43PM
Attys Wary Of 'Zero Tolerance' Approach In New PFAS RuleEmma Kennedy
With Friday's finalization of the U.S. Environmental Protection Agency's rule designating two "forever chemicals" as hazardous, the stakes just got higher for real property due diligence work.
April 18th, 2024, 3:57PM
Maui County Sued Over Wildfire Landfill Debris StorageMadeline Lyskawa
Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.
April 16th, 2024, 7:56PM
Feds, PPG Reach $22.8M Deal To Clean Up NJ Superfund SiteMadeline Lyskawa
The U.S. Environmental Protection Agency unveiled a settlement with PPG Industries Inc. on Tuesday under which the company has agreed to cough up more than $22.8 million to cover the estimated future cleanup costs and maintenance at the Riverside Industrial Park Superfund Site in Newark, New Jersey.
April 9th, 2024, 5:08PM
EPA Outlines New Ways To Destroy, Dispose Of PFASIsaac Monterose
Waste managers, government regulators and the public should use methods such as underground injection to destroy or dispose of perfluoroalkyl and polyfluoroalkyl substances and PFAS materials, guidance from the U.S. Environmental Protection Agency says.
April 8th, 2024, 10:34PM
Idaho Land Deal Would Sustain Legacy Of Pollution, Tribes SayCrystal Owens
A group of Idaho tribes is urging the Ninth Circuit to uphold a lower court ruling granting a partial win in their challenge to a land transfer for a fertilizer plant's expansion, arguing that if allowed to go forward, it would continue a decadeslong legacy of contamination for their communities.
April 8th, 2024, 4:09PM
EPA Announces Cleanup Plan For Brooklyn Superfund SiteNate Beck
The U.S. Environmental Protection Agency is monitoring three Brooklyn, New York, homes for contamination from toxic chemicals as the agency surveys a 190-acre area as part of a plan to address historic pollution from oil refineries along Newton Creek in Greenpoint.
March 25th, 2024, 12:11PM
Law360 2024 Real Estate Authority Editorial BoardLaw360 is pleased to announce the formation of its 2024 Real Estate Authority Editorial Board, which includes leading industry experts, to provide feedback and shape coverage goals.
March 22nd, 2024, 6:43PM
IRS Opens Bonus Energy Credits To More Offshore Wind SitesKat Lucero
The Internal Revenue Service unveiled guidance Friday that would allow more parts of offshore wind facilities to qualify for the bonus production and investment tax credits that provide incentives for clean energy projects being built in so-called energy communities.
March 22nd, 2024, 6:35PM
A Legal Playbook For Stadium Construction AgreementsAs a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.
March 20th, 2024, 10:36AM
Breaking Down Each State's Climate Priority PoliciesEmma Kennedy
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
March 13th, 2024, 9:12PM
EPA Designates First Navajo Nation Superfund SiteTom Lotshaw
The U.S. Environmental Protection Agency is adding the Lukachukai Mountains Mining District in northeastern Arizona to its National Priorities List, with the district's uranium mining waste piles marking the first designated Superfund site on the Navajo Nation.
March 13th, 2024, 5:14PM
Autism Claims Tossed In Lockheed Martin Toxic Land SuitMike Curley
A Florida federal judge has thrown out autism-related claims in a suit alleging Lockheed Martin Corp.'s weapons factory in Orlando leaked toxic chemicals, saying the science underlying the plaintiffs' expert's opinion "is just not there."
March 6th, 2024, 1:52PM
Attys' Top Tips For Limiting Liability In Brownfield ProjectsAndrew McIntyre
Brownfield sites have grown in popularity as land scarcity worsens and incentives increase. While the redevelopment projects come with a host of risks, experienced attorneys say a little preparation can go a long way in limiting liability.
February 29th, 2024, 5:01PM
GE Denies Ties To La. Environmental Contamination SuitMadeline Lyskawa
General Electric has told a Louisiana federal judge it should be freed from a lawsuit seeking to hold it liable for widespread environmental contamination caused by a since-closed pressure valve manufacturing facility in Rapides Parish, saying the property owners behind the suit are relying on a misguided theory of liability.
February 23rd, 2024, 6:01PM
REIT, Loan Guarantors Spar Over Venue For $70M Loan SuitIsaac Monterose
A real estate investment trust and loan guarantors traded blows in California federal court over remanding the REIT's suit accusing the companies of owing payments for nearly $70 million in loans.