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CT DEEP Finalizes New Spill Regulations

The CT Department of Energy & Environmental Protection (DEEP) has finalized long-awaited “Release Reporting Regulations,” which define when and how discharges of oil, petroleum, and other reportable materials must be reported to the State. The new regulations, available here, became effective on Friday March 4, 2022. Prior to these regulations,
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Treatment of Environmental Liabilities in Bankruptcy

Attorneys Pamela Elkow and Thomas Sansone co-authored the chapter “Treatment of Environmental Liabilities in Bankruptcy” in the American Bar Association's Environmental Aspects of Real Estate and Commercial Transactions - 5th Edition.

CT DEEP Seeking Feedback on Release-Based Remediation Program Development

The CT Department of Energy & Environmental Protection (DEEP) is continuing in its process of establishing a Release-Based Cleanup Program in Connecticut, to ultimately replace the Transfer Act. The topical subcommittees of the Working Group established to advise DEEP regarding the development of regulations for the new remediation program, have
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ELUR Inspection and “Factsheet” Forms Now Available – New Requirements Applicable to all Properties Subject to an Environmental Land Use Restriction

DEEP’s new Environment Use Restriction (“EUR”) regulations that became effective this past February included a number of new obligations applicable to any property that is subject to an environmental land use restriction (regardless of when it was recorded). These obligations include: Preparing a “Factsheet,” which must be completed and posted
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State Approves “Wave 2” Amendments to Remediation Standards Regulations and Revisions to Environmental Use Restriction Regulations

Following years of consideration, development, and review, the Connecticut Department of Energy & Environmental Protection (DEEP) has revised the State’s Remediation Standards Regulations (“RSRs”) and Environmental Use Restriction (“EUR”) regulations. The updated regulations, available here (RSRs) and here (EUR), are effective as of February 16, 2021 (note: versions at these
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State Passes Landmark Legislation Setting Framework to Retire Burdensome Transfer Act

Creates New Regulatory Program with a Release-Based Approach to Remediation During Special Sessions held last week, the General Assembly passed House Bill No. 7001, which Governor Lamont signed into law, authorizing the development of a release-based remediation program for the State, to eventually replace the Connecticut Transfer Act, C.G.S. §§
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Summary of Executive Orders, Federal Tax and Trade Bureau Orders, and Related Regulatory Guidance Affecting the Liquor Industry in Connecticut

Connecticut Executive Orders and Regulatory Guidance Executive Order 7D (March 16, 2020) On premises retailers (bars and restaurants) shall only serve food or non-alcoholic beverages for off-premises consumption (takeout) through April 30, 2020 unless order is earlier modified, extended or terminated. Suspension of Enforcement of Bottle Bill Redemption Requirements by
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Resilient and Sustainable Communities through Property Assessed Clean Energy Financing

Property Assessed Clean Energy financing programs allow state and local governments to fund energy efficiency, renewable energy, water conservation and resiliency improvements on private property through the use of loans secured by liens on real property.  The programs, which have been have been adopted by 36 states and the District
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