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Superfund


October 9, 2013 | Posted by Karen L. Mintzer 10/9/2013 | Permalink
On September 30, 2013, the United States Environmental Protection Agency (EPA) issued a record of decision documenting its final selection of a remedy for cleanup of the Gowanus Canal Superfund Site in Brooklyn. The cleanup addresses contaminated sediments in the canal and continuing sources of contamination outside the canal, including overflows from the New York City combined sewer system that result in the discharge into the canal of untreated domestic sewage and contaminated stormwater. EPA estimates that it will take another three years to complete design of the remedy and six years after that to implement the cleanup. read more
February 4, 2013 | Posted by Kerri Folb 2/4/2013 | Permalink
On December 5, 2012, the EPA issued new guidance on its treatment of tenants under the bona fide prospective purchaser (“BFPP”) provisions of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The BFPP provisions offer protection against CERCLA liability in certain situations. CERCLA provides that the BFPP provisions apply to a person or tenant of a person that “acquires ownership” of a facility and meets certain other requirements. In the past, a tenant would be considered a BFPP only as long as the owner remained a BFPP. EPA now has the discretion to extend the BFPP protection to tenants where the owner is not a BFPP or loses its BFPP status. read more
January 9, 2013 | Posted by Karen L. Mintzer 1/9/2013 | Permalink
On December 27, 2012, the United States Environmental Protection Agency issued a proposed cleanup plan for the Gowanus Canal Superfund Site in Brooklyn, New York, which goes beyond the expected removal of contaminated sediment from the bottom of the canal through dredging and capping of dredged areas, and also includes controls to prevent recontamination of the canal from combined sewer overflows. The proposed cleanup plan will be addressed at public meetings in Brooklyn on January 23 and 24, 2013. EPA will accept public comments related to the proposed cleanup plan until March 28, 2013. read more