The Wonderful Land Of OZ: An Overview Of Opportunity Zones

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Weintraub Tobin Chediak Coleman Grodin Law Corporation
Aman Badyal

October 4, 2019

Opportunity Zones (or OZs) may be the most talked-about provision of the Tax Cuts and Jobs Act of 2017. There are many twists and turns on the yellow brick road to completing an OZ project. This article sets forth the underlying rationale of the OZ program, its principal tax benefits, an overview of the basic requirements for making an eligible investment, and certain common problems encountered by taxpayers seeking to take advantage of OZs. In particular, we emphasize the continued availability of the program even if you aren’t prepared to set off for the Emerald City right away.

Purpose of the Program

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EPA Seeks Public Input on Adding PFAS to the Toxic Release Inventory

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Troutman Sanders LLP
Angela Levin, Randy E. Brogdon and Viktoriia De Las Casas

September 30, 2019

EPA’s first major action under its February 2019 comprehensive Per- and Polyfluoroalkyl Substances (PFAS) Action Plan (previously discussed in detail here) is out. On September 25, EPA sent a request for public input on whether EPA should add “certain PFAS chemicals” to the Toxics Release Inventory (TRI) to the Office of Management and Budget (OMB). EPA issues advance notices of proposed rulemaking to get a sense of public reaction before it initiates an important regulatory change, typically before it has conducted significant research or expended agency resources.

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Contaminants Of Emerging Concern And Environmental Due Diligence Issues

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McLane Middleton, PA
Adam M. Dumville & Michael J. Quinn

October 8, 2019

This article was originally published in the New Hampshire Bar News, September 2019

Practitioners performing environmental due diligence have grown accustomed to the now routine use of Phase 1 Environmental Site Assessments (ESA).  However, the adoption of new regulatory standards raises the possibility that standard ASTM-compliant ESAs may be insufficient to identify potential environmental risks. Specifically, so called contaminants of emerging concern (CECs), which include chemicals found in firefighting foam, water proof fabrics, pharmaceuticals, personal care goods and many more products have only very recently become regulated. However, CECs are not currently classified as “hazardous” under federal law, and therefore, are not regulated under the variety of environmental statutes and accordingly, are not assessed by standard Phase 1 ESAs.

The PFAS Issue

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Report Recommends Changes To US EPA’s General Permit For Industrial Stormwater Discharges Ahead Of Reissuance

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Squire Patton Boggs LLP
Erik D. Lange

October 11, 2019

Stormwater permitting requirements for many industrial facilities are set forth in US EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) or state permits based on the MSGP. US EPA last issued the permit in 2015, which expires on June 4, 2020. While the current Administration does not appear to be predisposed to the implementation of more onerous environmental permitting requirements, an EPA-funded report has recommended transformative changes to the MSGP. The Agency’s decision whether to incorporate those recommendations into the reissuance of the MSGP will determine whether industrial facilities will need to implement additional stormwater monitoring and control measures in the coming years.

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