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

April 19th, 2024, 8:43PM

Attys Wary Of 'Zero Tolerance' Approach In New PFAS Rule

Emma Kennedy

With Friday's finalization of the U.S. Environmental Protection Agency's rule designating two "forever chemicals" as hazardous, the stakes just got higher for real property due diligence work.

April 18th, 2024, 3:57PM

Maui County Sued Over Wildfire Landfill Debris Storage

Madeline Lyskawa

Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.

April 16th, 2024, 7:56PM

Feds, PPG Reach $22.8M Deal To Clean Up NJ Superfund Site

Madeline Lyskawa

The U.S. Environmental Protection Agency unveiled a settlement with PPG Industries Inc. on Tuesday under which the company has agreed to cough up more than $22.8 million to cover the estimated future cleanup costs and maintenance at the Riverside Industrial Park Superfund Site in Newark, New Jersey.

April 9th, 2024, 5:08PM

EPA Outlines New Ways To Destroy, Dispose Of PFAS

Isaac Monterose

Waste managers, government regulators and the public should use methods such as underground injection to destroy or dispose of perfluoroalkyl and polyfluoroalkyl substances and PFAS materials, guidance from the U.S. Environmental Protection Agency says.

April 8th, 2024, 10:34PM

Idaho Land Deal Would Sustain Legacy Of Pollution, Tribes Say

Crystal Owens

A group of Idaho tribes is urging the Ninth Circuit to uphold a lower court ruling granting a partial win in their challenge to a land transfer for a fertilizer plant's expansion, arguing that if allowed to go forward, it would continue a decadeslong legacy of contamination for their communities.

April 8th, 2024, 4:09PM

EPA Announces Cleanup Plan For Brooklyn Superfund Site

Nate Beck

The U.S. Environmental Protection Agency is monitoring three Brooklyn, New York, homes for contamination from toxic chemicals as the agency surveys a 190-acre area as part of a plan to address historic pollution from oil refineries along Newton Creek in Greenpoint.

March 25th, 2024, 12:11PM

Law360 2024 Real Estate Authority Editorial Board

Law360 is pleased to announce the formation of its 2024 Real Estate Authority Editorial Board, which includes leading industry experts, to provide feedback and shape coverage goals.

March 22nd, 2024, 6:35PM

A Legal Playbook For Stadium Construction Agreements

As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.

March 22nd, 2024, 6:43PM

IRS Opens Bonus Energy Credits To More Offshore Wind Sites

Kat Lucero

The Internal Revenue Service unveiled guidance Friday that would allow more parts of offshore wind facilities to qualify for the bonus production and investment tax credits that provide incentives for clean energy projects being built in so-called energy communities.

March 20th, 2024, 10:36AM

Breaking Down Each State's Climate Priority Policies

Emma Kennedy

Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.

March 13th, 2024, 9:12PM

EPA Designates First Navajo Nation Superfund Site

Tom Lotshaw

The U.S. Environmental Protection Agency is adding the Lukachukai Mountains Mining District in northeastern Arizona to its National Priorities List, with the district's uranium mining waste piles marking the first designated Superfund site on the Navajo Nation.

March 13th, 2024, 5:14PM

Autism Claims Tossed In Lockheed Martin Toxic Land Suit

Mike Curley

A Florida federal judge has thrown out autism-related claims in a suit alleging Lockheed Martin Corp.'s weapons factory in Orlando leaked toxic chemicals, saying the science underlying the plaintiffs' expert's opinion "is just not there."

March 6th, 2024, 1:52PM

Attys' Top Tips For Limiting Liability In Brownfield Projects

Andrew McIntyre

Brownfield sites have grown in popularity as land scarcity worsens and incentives increase. While the redevelopment projects come with a host of risks, experienced attorneys say a little preparation can go a long way in limiting liability.

February 23rd, 2024, 6:01PM

REIT, Loan Guarantors Spar Over Venue For $70M Loan Suit

Isaac Monterose

A real estate investment trust and loan guarantors traded blows in California federal court over remanding the REIT's suit accusing the companies of owing payments for nearly $70 million in loans.

February 15th, 2024, 7:19PM

NY Judge OKs Brownfield Tax Credits For Capitalized Costs

Maria Koklanaris

A brownfield developer can claim New York's brownfield redevelopment tax credit on capitalized costs related to water main improvements at the site, an administrative law judge said in a determination released Thursday.

February 13th, 2024, 1:57PM

EPA's Latest PFAS Action Leaves Unanswered Questions

Quinn Wilson

After the EPA proposed two new rules this month to regulate PFAS, questions still loom regarding how regulators and property owners are going to comprehensively address the widespread contaminants in a cost-effective way. Law360 spoke with the chair of Mintz's environmental practice about what next steps will be required to better address PFAS contamination.

February 6th, 2024, 8:28PM

Backend Tax Credit Boosts NY Brownfield Redevelopments

Donald Morrison

New York's use of a backend tax credit for brownfield remediation and redevelopment helps push projects across the finish line, incentivizing developers to pursue and quickly finish projects addressing contamination throughout the state.

February 9th, 2024, 6:18PM

NJ Borough Says It Didn't Block Paint Factory Redevelopment

Isaac Monterose

A New Jersey borough denied claims made by two companies that it wrongfully stopped them from buying and redeveloping a former paint factory by adopting an opposing redevelopment plan and ordinance.

February 2nd, 2024, 7:55PM

Prologis Inks $51M Deal For Remediated Coney Island Lot

Donald Morrison

Prologis Inc. has finalized a $51 million deal with National Grid for a remediated 16-acre site at the southern tip of Brooklyn, according to a filing made public Friday.

February 2nd, 2024, 8:19PM

Clean Energy Can Revive Fossil Fuel Sites, But Risks Abound

Keith Goldberg

Building clean energy projects on the sites of shuttered or aging coal- and gas-fired power plants is a multibillion-dollar opportunity to accelerate the U.S. energy transition, but there are steep legal and practical hurdles to clear. Here's a rundown of what developers must grapple with if they want to build green on fossil fuel sites.