The U.S. EPA easily rejected Governor Andrew Cuomo's loan request, refraining from calling it chutzpah of the highest order: the Governor tried to pass off bridge construction as an environmental project worthy of the federal Clean Water State Revolving Fund...
Month: October 2014
EPA Clarifies What Phase I Environmental Site Assessment Procedure Satisfies its All Appropriate Inquiries Rule
As most folks in the commercial real estate industry know, the Bona Fide Prospective Purchaser exemption from liability under the federal Superfund law is a very useful tool. Accordingly, a Phase I Environmental Site Assessment is standard practice for nearly every...
New York Attorney General’s Office Releases Report on Extreme Rainfall Trends in New York State
Over the past decade, the changing climate has contributed to an increase in the number of extreme weather events throughout the world. New York State is no exception. Here, we rely on plentiful water resources to provide our necessities such as agriculture, energy,...
The DEC Typically Isn’t Bound by its Own Mistaken Advice
The scales of justice are a ubiquitous symbol of equality and fairness under the law that date back to ancient times. One of the most common tools lawyers use to pursue the ideal of fairness and equality is the doctrine of equitable estoppel. Equitable estoppel works...
Can an Oral Contract Ever be an Enforceable Promise to Fund an Environmental Remediation?
When someone says the word "contract," what comes to mind? For most, it would probably be a signed piece of paper that sets out certain legally enforceable promises made between two parties. But oral contracts can exist, too, and an oral contract can be just as...
