New EPA guidance on expanded protection of tenants under CERCLA *

USA - February 4 2013
On December 5, 2012, the EPA issued new guidance on its treatment of tenants under the bona fide prospective purchaser ("BFPP") provisions of the…

Co-authors: Charles S.Warren.

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DEC issues general permit to facilitate necessary repairs to coastal areas *

USA - November 6 2012
Because so many residents and businesses need to repair the damage that has been caused by this unprecedented storm, the New York State Department of Environmental Conservation (“DEC”) has issued General Permit GP-0-12-006 in order to facilitate the necessary repairs in coastal areas of DEC Regions 1, 2 and 3, which cover Long Island, New York City and the lower Hudson Valley.

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Proposed amendments to the State Environmental Quality Review Act *

USA - August 2 2012
On July 11, 2012, the New York State Department of Environmental Conservation issued a draft scope for a Generic Environmental Impact Statement on proposed amendments to the regulations that implement the State Environmental Quality Review Act, 6 NYCRR Part 617. 

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US Supreme Court issues significant ruling against EPA: compliance orders are subject to judicial review *

USA - May 11 2012
On March 21, 2012, the United States Supreme Court unanimously rejected the existing prohibition against judicial review of Environmental Protection Agency (“EPA”) administrative compliance orders issued under the Clean Water Act (“CWA”).

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The New York Court of Appeals breaks down barriers to entry into Brownfield Cleanup Program *

USA - March 1 2010
On February 18, 2010, the Court of Appeals issued an important decision for real estate owners and developers in New York State.

Co-authors: Clinton N. Daggan, Karen Leo Mintzer, Charles S.Warren.

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