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E2 Law Blog Blog

Articles: 1-10 of 139

FDA Findings on PFAS Chemicals in U.S. Food and Drinking Water Supply

USA - June 6 2019 On June 3, 2019, the U.S. Food and Drug Administration (FDA) confirmed it had conducted a study finding that certain types of per- and…

Environmental Compliance and Land Use “Special Permits” in Massachusetts

USA - May 29 2019 Does compliance with environmental regulations suffice to prove that an operation is safe? Maybe not, for purposes of land use approvals in…

Congress Is Gearing Up to Address PFAS

USA - May 24 2019 PFAS are a class of widely used chemicals, some of which have been common since the 1940s. They are used in non-stick coatings, stain- and…

Refundable State Tax Credits: Maybe Don’t Take the Money and Run

USA - May 8 2019 On April 25, 2019, the United States Court of Appeals for the Federal Circuit decided that refundable state tax brownfield credits are taxable income…

Enforcing the CERCLA Permit Bar . . . in State Court

USA - May 7 2019 From David G. Mandelbaum, a member of the Massachusetts State Bar: As is familiar, section 121(e)(1) of the Comprehensive Environmental Response…

Pennsylvania Prospective Purchasers of Contaminated Property and Their Administrative Records

USA - May 1 2019 On April 26, 2019, the Pennsylvania Environmental Hearing Board (EHB) voided two amendments to a prospective purchaser agreement (PPA) for the Bishop…

New Risk Based Corrective Action Guidance for Miami-Dade Sites

USA - April 25 2019 Securing risk-based closure of a contaminated site in Miami-Dade County, known as a “No Further Action with Conditions (NFAC),” typically requires…

Can a State Provide Oversight Under a Federal CERCLA Order or Decree?

USA - April 22 2019 Section 400(h) of the National Contingency Plan (NCP) contains an unremarked, yet problematic, last sentence. The NCP, of course, governs response…

Making Lemonade Out of Lemons: Opportunity Zones, Brownfields Redevelopment, and Environmental Considerations in Real Estate Deals

USA - February 27 2019 From vapor intrusion systems to rooftop solar; green building to pollution legal liability insurance, environmental and real estate go hand-in-hand…

Limits on Administrative Orders to Clean Up in Delaware

USA - February 25 2019 On Feb. 21, 2019, the Delaware Superior Court decided that the State’s Department of Natural Resources and Environmental Control (DNREC) cannot order…