Land Use, Title Insurance & Environmental Law

Land Use, Title Insurance & Environmental Law

The Connecticut Law Tribune

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Land Use, Title Insurance & Environmental Law Special Section

Redeveloping Brownfields: The Need for Risk Transfer Strategies
By ANDREW N. DAVIS and AARON D. LEVY
Recently, state agencies, environmental consultants, law firms and others have published descriptions of the provisions and mechanics of Section 17 of Public Act 11-141, Connecticut's Brownfield Remediation and Revitalization Program (the "Brownfield Program"), whose goal is to incentivize the private sector to develop brownfield sites in Connecticut.

Ganja In The Land Of Steady Habits
By DWIGHT H. MERRIAM
In the 2011 legislative session, the Connecticut General Assembly decriminalized the possession of small amounts of cannibas sativa L. or Δ9-tetrahydrocannabinol, abbreviated as THC (Public Act 11-71), and came surprisingly close to legalizing medical marijuana. If the bill had become law, Connecticut would have joined 16 other states (including Maine, New Jersey, Rhode Island and Vermont in the Northeast) and the District of Columbia in legalizing medical marijuana. This year, medical marijuana legislation is again pending in Connecticut (House Bill 5389), and under consideration in 17 other states.

Land Owners Need Permits For Wetland Activities
By KEVIN M. TIGHE
A landowner comes to you and explains that it intends to undertake some activity in an inland wetland or watercourse or in an upland review area. The landowner believes that the proposed activity constitutes an exemption to the regulatory authority of the municipal inland wetlands agency because, according to Connecticut General Statutes §22a-40(a), such activity can be conducted "as of right."

Remediation Reform: What Form Will The Transformation Take?
By LEE D. HOFFMAN
A new program will involve more sites than traditionally has been the case, but sites that present little environmental risk will not spend a great deal of time in the program.

Ruling Paves Way For Clean Water Act Litigation
By ROBERT S. MELVIN and EMILEE MOONEY SCOTT
While media attention has focused on the David versus Goliath storyline, the ruling will impact a wide range of parties—including the largest corporations in disputes with the EPA.

An Opportunity For Continuous Improvement
By ELIZABETH C. BARTON
We are about two months shy of the first year anniversary of Connecticut's new Brownfields Revitalization and Remediation Program. This first-of-its-kind program in the country, which came into law via Section 17 of Public Act No. 11-141, has put Connecticut at the head of the class when it comes to incentivizing the remediation and redevelopment of brownfields. So, how are we doing to date and is there room for improvement?

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