Periconi, LLC

Brownfields Cleanup Archives

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 enforceable as a written contract. The problem is that proving the contents of an oral contract is difficult precisely because there is no written record of the agreement. 

Soil Vapor Intrusion Concern Prompts EPA to Support Revision to Phase I Environmental Site Assessment Protocol

The health threats posed by physical contact with contaminated soil or groundwater are well known. But increasingly, state and federal regulators are recognizing that harmful vapors from such contamination can be drawn into nearby buildings and pose a threat to the occupants. Known as soil vapor intrusion, this threat can come from undiscovered contamination beneath a building, or even from the remnants of previously remediated soil or groundwater.

Recent Decisions from the New York State Supreme Court on Brownfield Cleanup Program Eligibility-Part I

As noted in our previous post, in passing the recent Brownfield Cleanup Program Reform Legislation, the legislature did not amend the program's eligibility requirements. As previously discussed, NYSDEC has narrowly construed the Act's eligibility provisions and New York courts have been loath to overrule a NYSDEC decision of non-eligibility. (See our prior post, dated April 26, 2008: "New York Brownfields Law Update: Denial of Eligibility Decisions Mostly Upheld"). 

New York State Passes Legislation to Reform the Brownfield Cleanup Act of 2003 - Part II

In our most recent post, we discussed the change in the credits allowed to brownfield developers under the new statute. We now turn our attention to monitoring requirements and the reporting thereof, and other aspects of the new law. To aid in the monitoring the brownfield program, the amendments introduce several distinct reporting requirements: 

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