On January 11, 2002, President George W. Bush signed into law the Small Business Liability Relief and Brownfields Revitalization Act ("SBLR&BRA" or "Brownfields Amendments"). The act amends the innocent landowner defense against liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which is also known as Superfund, and extends liability protection to new categories of landowner, i.e. the "bona fide prospective purchaser" and "contiguous property" owner.
- By Jon E. Kallen, Donald F. Allen
- March 01, 2005
This article originally appeared in the 03/01/2005 issue of Environmental Protection.
Despite at least a perceived drop in enforcement, there continue to be developments in regulation and litigation involving solid and hazardous waste. As many predicted, the Bush administration has not been particularly active on the environmental front. Although the U.S. Environmental Protection Agency (EPA) reports an increase in the amount of civil penalties recovered in the last fiscal year, the fine print reveals that this "increase" is the result of a relatively few number of larger cases.
- By Stephen I. Addlestone, JD
- January 01, 2005
This article originally appeared in the 01/01/2005 issue of Environmental Protection.
There are numerous case studies of failed remedial systems, which in turn can be linked to the remedial design team not fully understanding the site conditions. Often the most effective way to clean up these recalcitrant sites is source/migration control rather than intrusive remediation. The best solution can only be determined if the site is properly understood.
- By Russell A. Schuck, PG
- November 01, 2004
This article originally appeared in the 11/01/2004 issue of Environmental Protection.
A recent U.S. Environmental Protection Agency press release (EPA Region 8, 11/24/2003) reads as follows: "The U.S. Environmental Protection Agency's Denver office is seeking penalties of more than $400,000 against 17 facilities in North Dakota for violations of the federal Clean Water Act's Spill Prevention Control and Countermeasure (SPCC) Plan Regulations"
- By John Adams
- July 01, 2004
This article originally appeared in the 07/01/2004 issue of Environmental Protection.
Successful coastal brownfield redevelopment requires a timely approach to the following critical components: (1) a comprehensive brownfield site selection and acquisition strategy; (2) analysis of environmental liability; (3) coastal permitting strategy and site feasibility analysis; (4) demolition, site preparation and remediation strategy; (5) addressing stakeholders' concerns; and (6) identifying public/private partnership opportunities such as public financial incentives and leveraging private investment.
- By Keane Callahan, Earl W. Phillips, Jr., Pamela K. Elkow, Esq.
- March 01, 2004
This article originally appeared in the 03/01/2004 issue of Environmental Protection.
Hazardous materials (hazmat) compliance has a significant impact on the product life cycle in every organization that is involved in the use, manufacture or transport of dangerous goods. Developing integrated hazmat processes results in measurable improvements in revenue, costs and performance.
- By Gregory Swiech
- February 01, 2004
This article originally appeared in the 02/01/2004 issue of Environmental Protection.
Despite changes in administration and economic and geo-political uncertainties, there continue to be developments in the U.S. Environmental Protection Agency's (EPA) programs affecting waste management. This article examines several of those developments.
- By Stephen I. Addlestone, JD
- January 01, 2004
This article originally appeared in the 01/01/2004 issue of Environmental Protection.