September 26, 2021

Volume XI, Number 269

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September 24, 2021

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Better Late than Never, Connecticut Finally Pulls the Plug on the Transfer Act

Those of us who have had the (relative) pleasure of representing clients investigating and remediating contaminated properties under the Massachusetts Contingency Plan have, for years, been scratching our heads over the Nutmeg State's loyalty to its Transfer Act which authorized a "command and control" approach to the identification, investigation and remediation of contaminated "Establishments" as defined by the Act.  Addressing a Brownfield in Connecticut under the Transfer Act makes one yearn for home more than your favorite meal.  I encourage you to read this blog on Connecticut's change in course by American College of Environmental Lawyers Fellow Pam Elkow.  My only question is what took Connecticut so long?

In September 2020, during a special legislative session, Connecticut took the plunge and passed Public Act 20-9, a statute that will sunset the Connecticut Transfer Act, and replace it with a release-based reporting and remedial program addressing historical releases throughout the State. Connecticut is – and hopefully in the not too distant future, we’ll be saying “was” – one of only two states with such a transfer statute. 

https://acoel.org/bidding-adieu-to-the-connecticut-transfer-act-and-welcoming-a-new-remedial-approach/

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 161
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About this Author

Jeffrey R. Porter, Environmental Attorney, Mintz Levin, Risk Analysis Lawyer
Member

Jeff leads the firm’s Environmental Law Practice. He is also a member of the firm’s Policy Committee. For 23 years, he has advised clients regarding complex environmental regulatory compliance and permitting issues, including issues relating to air and water discharges and hazardous waste storage and disposal. In 2011 and 2012, the firm received the Acquisition International Legal Award for “US Environmental Law Firm of the Year.” The awards celebrate excellence and reward firms, teams and individuals for their contribution to client service, innovation and commitment to quality.

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617-348-1711
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