DEC Undertaking Statewide PFAS Evaluation at Remediation Sites

Phillips Lytle LLP
David P. Flynn and Luke Donigan

April 3, 2018

The New York State Department of Environmental Conservation (“DEC Contractors”) is requiring owners of remediation sites across the State (including those already remediated to DEC’s satisfaction) to analyze and report on the presence of 1,4-dioxane and per- and polyfluoroalkyl substances (collectively “PFAS”) in groundwater. This has been triggered by concerns about these “emerging contaminants” at Hoosick Falls and other sites across the State. DEC has begun to send letters to many remediation site owners notifying them of the new statewide evaluation requirements and asking site owners to schedule sampling dates.

Continue Reading

Synergy Environmental to Host Mid-Atlantic Training

June 4th to 8th, 2018

Synergy Environmental, Inc.
Brian Loughnane

April 19, 2018

Waterloo Hydrogeologic will hold its Mid-Atlantic training for Visual MODLFOW Flex at Synergy’s Royersford, PA Headquarters for the second straight year.

As known by many in the water resources industry, Waterloo Hydrogeologic is a Ontario, Canada based company that specializes in groundwater modeling software, training, and consulting services.  The selection of Synergy Environmental as a training center highlight’s Synergy’s expertise in groundwater contaminant fate and transport modeling expertise.

Continue Reading

EPA Enforcement In The Coming Years

Breazeale Sachse & Wilson LLP
John B. King

April 11, 2018

EPA’s enforcement presence has been reduced over the last several years. This trend will continue during the Trump Administration as EPA re-defines its relationship with states and tribes. Even so, EPA has announced an enforcement approach that will maintain it as a formidable enforcer of our environmental laws.

According to EPA’s web-site, EPA’s budget was $10.3B in FY 2010, $8.1B in in FY 2016, and $8.06B in FY 2017. For those same years, EPA’s employee count was 17,218, 14,779, and 15,408, respectively. So, EPA’s budget and employee count were on a downward trend during the Obama years. [1]

Continue Reading

Agencies Agree To Speed Environmental Permitting

Akin Gump Strauss Hauer & Feld LLP
Stacey H. Mitchell, Susan H. Lent, Ian A. Shavitz, Andrew Oelz, Viktoriia A. De Las Casas

April 13, 2018

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely environmental review and authorization of major infrastructure projects, such as pipelines, roads, and bridges, by signing a Memorandum of Understanding (MOU) implementing President Trump’s August 2017 “One Federal Decision” Executive Order.

Continue Reading

DEC P Site Program Coming into View

Phillips Lytle LLP
David P. Flynn and Luke Donigan

March 26, 2018

Real estate and other transactions often involve property that has perceived environmental concerns. There can also be parcels that have modest known environmental impacts as well, however they do not make sense for either the New York State Superfund (“Superfund”) or Brownfield Cleanup Program (“BCP”) for any number of reasons. In the past, this has often left parties (buyers, sellers, developers and lenders) in a difficult position, unable to obtain any regulatory comfort for such properties.

Continue Reading

The Superfund Petroleum Exclusion – Alive and Well in the Ninth Circuit

Spencer Fane LLP
John Watson

April 10, 2018

In an unpublished opinion on March 21, 2018, the Ninth Circuit Court of Appeals affirmed the trial court’s dismissal of a lawsuit citing the application of CERCLA’s petroleum exclusion. The Court held that the site investigation at a former gas station did NOT identify anything other than petroleum or fractions thereof. Consequently, the Plaintiff did not plausibly allege any CERCLA “hazardous substances” were present at the site. The case was dismissed.

Continue Reading