Law360's Brownfields Policy Tracker

State and federal governments have been proposing a slew of brownfields-related policies and laws in recent years as industry pressure and a historic funding allocation gives renewed focus to the work of remediating contaminated land.

Law360's brownfield policy tracker provides an overview of how those pending policies are advancing across the country.

Bill related to:  All bills   Funding   Incentives   Fees & Regulation 
Bill Title Jurisdiction Description Intro Date Last Action Category Status
Brownfields News & Analysis

September 24th, 2024, 5:47PM

Feds, Mill Owner Reach $1.4M Deal In Pollution Cleanup Row

Crystal Owens

A property development group will pay more than $1.4 million to fund a permanent stewardship as part of an agreement with the state of Washington, the federal government and a slew of tribes to resolve allegations that it released hazardous substances into Port Gamble Bay near Seattle for more than a century.

September 19th, 2024, 6:03PM

EPA Claims No Mandate To Find, Regulate PFAS In Fertilizer

Nate Beck

The U.S. Environmental Protection Agency told a Washington, D.C., federal judge that it had no duty to regulate PFAS compounds that a group of farmers claimed were contained in agency-approved biosolid sludge spread on farmland as fertilizer.

September 5th, 2024, 5:00PM

NJ To Offer Brownfield Tax Credits For Solar Projects

Michael Nunes

New Jersey will bolster its tax credits for its brownfields redevelopment incentive program and grant tax credits to solar energy projects built on closed landfills as part of a bill signed by Gov. Phil Murphy.

September 5th, 2024, 10:42AM

EPA Unveils $151M Cleanup Plan For NJ Superfund Site

George Woolston

The U.S. Environmental Protection Agency announced Thursday a $151.1 million deal to cover the federal agency's past and future costs of cleanup at a New Jersey superfund site with high levels of lead contamination.

August 21st, 2024, 6:43PM

Brownfield Questions Surround IRS Tax Credit Bonus

Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

August 13th, 2024, 6:09PM

Fried Frank Guides Howard Hughes' $40M Air Rights Deal

Isaac Monterose

Howard Hughes Corp. has purchased $40 million worth of air rights from New York City for two Manhattan properties in a deal guided by Fried Frank, as the real estate company presses forward with the redevelopment of a Seaport lot.

August 6th, 2024, 3:25PM

Verrill Dana Adds 5 Burns & Levinson Enviro Attys In Boston

Christine DeRosa

A team of five environmental attorneys have joined Verrill Dana LLP in Boston from Burns & Levinson LLP, continuing the exodus of attorneys from the Boston-based firm.

August 2nd, 2024, 6:11PM

Paper Cos. Challenge Superfund Liability At 6th Circ.

Juan-Carlos Rodriguez

International Paper Co. and Weyerhaeuser Co. on Thursday asked the Sixth Circuit to reverse a Michigan federal judge who found that they can be sued for future cleanup costs of a Michigan Superfund site.

July 30th, 2024, 3:46PM

NJ Firm Chiesa Shahinian Bolsters Enviro Group Leadership

Andrea Keckley

The leader of Chiesa Shahinian & Giantomasi PC's environmental law group, a veteran practitioner with a varied history in both public and private roles, will serve as its co-chair, the New Jersey firm announced Tuesday.

July 22nd, 2024, 9:16PM

EPA Awards $4.3B In Grants For Climate Change Projects

Tom Lotshaw

The U.S. Environmental Protection Agency said it's steering $4.3 billion in grant funding to 25 projects that promise to help curb greenhouse gas pollution, advance environmental justice and transition the country to clean power.

July 17th, 2024, 2:43PM

New Mexico Adds Superfund Claims To PFAS Suit Against US

Juan-Carlos Rodriguez

New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.

July 8th, 2024, 12:04PM

Bracewell Adds Energy Pro From Baker Botts In Houston

Lynn LaRowe

Bracewell LLP announced Monday that it has boosted its energy regulatory group with a partner in Houston who came aboard from Baker Botts LLP.

July 2nd, 2024, 4:07PM

Data Analysis Shows Swift Influx In EPA Brownfield Grants

Emma Kennedy

A Law360 Real Estate Authority analysis of the U.S. Environmental Protection Agency's brownfield grant awards since the program's inception shows a steep increase in funding, particularly in funding of cleanups, since the Bipartisan Infrastructure Law was passed in 2021. 

July 1st, 2024, 7:25PM

EPA To Clean Up Middle Of Gowanus Canal Superfund Site

Madeline Lyskawa

The U.S. Environmental Protection Agency revealed Monday it has initiated cleanup work on the middle portion of the Gowanus Canal Superfund site in Brooklyn, New York, while the agency works to complete dredging and capping activities in the upper portion later this month.

June 26th, 2024, 6:44PM

EPA Funding Spurs Remediation Push On Alaska Native Land

Grace Dixon

Thousands of sites contaminated by WWII, oil and gas exploration and mining were transferred to Alaska Native ownership in a 1971 deal settling land claims in the state. Now, an influx of funding from the Bipartisan Infrastructure Law and other sources has seriously boosted cleanup work.

June 25th, 2024, 9:55PM

4th Circ. Revives Arranger Liability Claims In Superfund Suit

Ryan Harroff

The Fourth Circuit revived claims Tuesday against six companies that arranged the disposal of hazardous waste in the 68th Street dump site in Baltimore County, Maryland, ruling that a lower court was wrong to say the companies needed to know that the waste was hazardous to be liable for cleanup costs.

June 20th, 2024, 5:43PM

Novel Vermont Polluter Law Raises Insurance Liability Issues

Eli Flesch

A new Vermont law requiring fossil fuel companies to fund projects ameliorating the negative effects of climate change could raise questions about what constitutes a covered occurrence and how pollution exclusions may apply, while also igniting choice-of-law disputes, experts say.

June 18th, 2024, 12:50PM

How Milwaukee Tops US In EPA Brownfield Winnings

Nate Beck

The city of Milwaukee's redevelopment agency has won nearly twice as many federal grants to clean up brownfield properties as any other government entity in the United States. Dave Misky, assistant director at the Milwaukee Redevelopment Authority, talks to Law360 Real Estate Authority about the agency's success.

June 17th, 2024, 5:02PM

'Energy Communities' Update May Clarify Tax Credit Eligibility

A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.

June 14th, 2024, 7:40PM

Feds, Tribes Say Mill Owners Liable For 150 Years Of Pollution

Crystal Owens

The federal government, the state of Washington and a slew of tribes are suing the owners of a shuttered sawmill and a property group that now oversee the sawmill area's development, alleging that for more than a century, hazardous substances from the operation released into Port Gamble Bay and have harmed its natural resources.