Category: Various

Mapping Shallow Volatile Groundwater Plumes in Silicon Valley

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The Release of an Institutional Control Data Schema and Flow

Marking a big step forward in the “institution” for institutional controls (ICs), on June 10, 2013 the Environmental Information Exchange Network (EIEN) announced the release of an IC Data Exchange. The IC Data Exchange provides a standard means for sharing IC information between separately-owned computer systems – including sharing among different levels of government and between government and private systems.

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USEPA Releases Final Guidance for Implementing Institutional Controls

The USEPA issued the Final Guide to Planning, Implementing, Maintaining and Enforcing (PIME) Institutional Controls at Contaminated Sites.  This is the second of two guidance documents prepared by the USEPA to inform long-term stewardship of contaminated sites.  In 2000, the first guide was drafted with a focus toward the selection of institutional controls (ICs). In 2000 ICs were an emerging remedy component with relatively immature concepts toward implementation.

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Brownfield Developer Fails to Meet BFPP Defense; Found Liable Under CERCLA for Removing Concrete Slab Above Contaminated Soil

This Saline, Michigan case adds another decision to similar recent cases such as Ashley II and Robertshaw, which assess whether current owners of contaminated property met CERCLA’s Bona Fide Prospective Purchaser (BFPP) defense.

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BNA to Host September 28th Webinar On Continuing Obligations

At Terradex we’re delighted that BNA organized this webinar and asked us to participate.  The attention given by this and other webinars speaks volumes about the importance of this new ASTM Guide and, as webinars like this continue to get the word out, we know the Guide’s procedures will become the business norm for post-acquisition property care when institutional controls, engineering controls or other recognized environmental conditions (RECs) are present.

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USEPA Congratulates ASTM Task Group for Completed Guidance on Continuing Obligations

The ASTM Task Group that guided and debated building Standard Guide for Identifying and Complying With Continuing Obligations was congratulated by the USEPA Office of Brownfield and Land Revitalization.

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BNA Insider Reports on ASTM Guide Publication

The Bureau of National Affairs (BNA) within their Environmental Due Diligence Guide featured an Insider’s Perspective on the ASTM released guide for Continuing Obligations.  Terradex is grateful for BNA’s coverage of this guide and especially the attention provided by their reporter Mary Ann Grena Manley.

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Tracing the Evolution of the Phrase “Continuing Obligations”

A new “CERCLA Continuing Obligations” discussion group recently began in Linkedin – actually its a subgroup within the “Environmental Issues in Business Transactions” discussion group that Larry Schnapf manages.  Given this, it seemed right to quickly review how the phrase “continuing obligations” came into being and where its heading.

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Michigan Amends Statute to Add New Institutional Control Continuing Obligations

For years, Michigan’s cleanup laws have set forth a fairly novel approach aimed at protecting new “nonliable” purchasers of contaminated property.  The legal and regulatory regime involves a characterization of the pre-purchase contamination as well as post-puchase “due care” procedures.

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Court Finds “Appropriate Care”

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