Uncategorized Archives - Carvalholawfirm.com https://carvalholawfirm.com Attorneys & Counselors Tue, 11 Feb 2025 20:57:41 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://carvalholawfirm.com/wp-content/uploads/2024/09/cropped-Site-Icon_carvalho_512x512-32x32.jpg Uncategorized Archives - Carvalholawfirm.com https://carvalholawfirm.com 32 32 Brownfields Reauthorization Legislation and Georgia EPD 2025 Update https://carvalholawfirm.com/brownfields-reauthorization-legislation-and-georgia-epd-2025-update/ Tue, 11 Feb 2025 20:57:41 +0000 https://carvalholawfirm.com/?p=6880 The post Brownfields Reauthorization Legislation and Georgia EPD 2025 Update appeared first on Carvalholawfirm.com.

]]>

2025 Brownfields Reauthorization Legislation and Georgia EPD Update

By Michael P. Carvalho, Esq.

February 5, 2025 – The U.S. Senate Committee on Environment and Public Works unanimously referred the Brownfields Reauthorization Act of 2025 (S. 347) to the full Senate. Here are the highlights:

1. The Brownfields Reauthorization Act of 2025 would reauthorize the U.S. Environmental Protection Agency’s (EPA) Brownfields Program through fiscal year 2030.

2. Reduce financial barriers for small and underserved communities and expand access to the program by:

a. reducing the cost-share requirement from 20 percent to 10 percent
b. providing cost-share waivers for small and underserved communities
c. streamlining the application process to make it more accessible for smaller communities
d. expanding the definition of eligible entities to include organizations defined under Section 501(c)(6) of the Internal Revenue Code, in addition to 501(c)(3) organizations; 501(c)(6) entities include business leagues, chambers of commerce, real estate boards, boards of trade and professional football leagues
e. doubling maximum site cleanup grants from $500,000 to $1 million
f. increasing state program funding to $75 million annually by 2030

The Brownfields Reauthorization Act of 2025 is a welcome development for the real estate community and reaffirms the important role that Brownfields legislation plays in the redevelopment of environmentally impaired properties.

2025 Georgia Brownfields Update

I had the opportunity to attend the 2025 Georgia Brownfields Association (GBA) Kickoff Event on February 4th and wanted to share a few comments with you.

The Georgia Brownfields Program continues to be an important tool for managing the risk posed by environmental impairment liability for the real estate community. The program continues to be led by Shannon Ridley, Brownfield Coordinator, supported by Team Leaders and Hanley and Stephanie Horwitz, who report that staffing levels have increased and the Program is now fully staffed.

Program Trends include an increased use of “generic CAPs”, multiple regulatory/transitioning program properties, mid-process property transactions, incorporating consideration of formerly “untouchable” properties, increased inclusion of Type 5 Risk Reduction Standards, addressing vapor intrusion (VI) issues, and increased cost certifications. Each of these bode well for the future effectiveness of the program.

EPD is taking a closer look at vapor intrusion consideration, including “passive” v. “active systems”. EPD wants to see QA/QC associated with installation, diagnostic testing ,and verification sampling. Note that the scope of verification testing will be negotiated with EPD. The agency also expressed interest in owners meeting their ongoing due care obligation. EPD is aware of new vapor intrusion mitigation products, to include low mil barriers, radon systems, etc.

The program expressed an interest in seeing Soil Management Plans (SMPs) being include in the CAP, sequencing the SMP and site-specific sampling protocols. Program leads cautioned that owners will need to better distinguish between soils removed for corrective action and total soil removal. The former being subject to cost recovery and the latter being potentially comprised of site development (e.g., geotechnical concerns) that are not necessarily recoverable. The program leads cautioned that this was a concern raised by EPD leadership. There was also a related discussion of offsite disposal to landfills, and Beneficial reuse. EPD is aware of soil brokers acquiring impacted soils that are above the Residential Risk Reduction Standards but below Commercial/Industrial Risk Reduction Standards being sent to commercial sites. EPD cautioned that such transfers can be problematic because they are not well understood and may result in future environmental impairment liability.

Regarding Cost Certifications, EPD stressed the importance of submitting Compliance Status Reports (CSRs) prior to cost certification and asks that the CSR support the cost certification. While this seems obvious, EPD has flagged this concern. Program leads indicated that they had received push back from leadership regarding parties seeking to off-set construction costs by characterizing these as “corrective actions”. Submittals should be made early in the process and that early communications can avoid any delays. All submittals should be well organized and supported. (i.e., no “shoe boxes full of receipts”). Note that some county tax assessors do not require cost submittals prior to December 31st.

EPD did identify an issue with non-compliant brownfield properties where the prospective purchaser is not implementing the CAP within the approved schedule, not actively preventing releases or is making site conditions worse, lack of response to EPD, and/or contributing to the release on the property.

Over the past 30 years, I have been privileged to work on hundreds of projects involving the redevelopment of environmentally impaired projects throughout the U.S. These projects efficiently and effectively place otherwise distressed properties back on the tax rolls and create good paying jobs in the surrounding communities. However, state laws and efficacy vary greatly. Nevertheless, federal and state Brownfield legislation remain important tools in our toolbox for managing environmental risk and will remain so for the foreseeable future. Please do not hesitate to contact me with any questions.





The post Brownfields Reauthorization Legislation and Georgia EPD 2025 Update appeared first on Carvalholawfirm.com.

]]> 2023 Citizen Science Research into Stony Coral Tissue Loss Disease (SCTLD) https://carvalholawfirm.com/citizen-science-research-into-stony-coral-tissue-loss-disease-sctld/ Fri, 17 Nov 2023 14:33:29 +0000 https://carvalholawfirm.com/?p=6451 The post 2023 Citizen Science Research into Stony Coral Tissue Loss Disease (SCTLD) appeared first on Carvalholawfirm.com.

]]>

Citizen Science Research into Stony Coral Tissue Loss Disease (SCTLD)

By Michael P. Carvalho, Esq. and Christopher J. Miller, B.S., M.S Eng.

November 6, 2023 – Stony Coral Tissue Loss Disease (SCTLD) is a deadly coral disease affecting over twenty-five species of hard coral resulting in rapid tissue mortality and death of entire colonies. The disease was first reported on Florida’s reefs in 2014 and has subsequently spread throughout multiple countries in the Caribbean, to include the Cayman Islands, due to its high transmissivity. SCTLD causes lesions to appear on hard corals following increasing bleaching events associated with dramatic increases in surface water temperatures caused by Climate Change. Infected corals rapidly lose live tissue and entire colonies can be wiped out in weeks to months (Precht et al 2016). The Cayman Islands government is particularly concerned about the spread of SCTLD from Grand Cayman where the disease is now widely established to Cayman Brac and Little Cayman, where SCTLD has not yet gained a foothold.

Cause

The cause and method of SCTLD transmission are currently unknown but are the subject of intense research. Previously, researchers believed that SCTLD is a bacterial pathogen that grows rapidly and is transmitted by direct contact and ocean currents. (Aeby et al, 2019). More recent research suggests that a viral pathogen may be disrupting the coral-zooxanthellae symbiosis, a type of photosynthesis algae living in coral tissues. (Landsberg et al 0202; Work et al 2021). There is no known cure for SCTLD, which has a mortality rate of 60%-100% (Precht et al 2016), although studies are underway to determine whether topically applied antibiotics may be effective.

Affect

SCLTD negatively affects coral density and species diversity, reducing the overall health of coral reefs and resulting in significant degradation to coral reef ecosystems. The loss of coral reefs (already imperiled by rapidly warming ocean surface temperatures and physical damages from intense weather events) affects not only the health of the reef, but also the myriad of economic interests they support. Such interests include tourism, coastal protection, food, and recreation, among others impacts. In the Cayman Islands, tourism is a mainstay of the economy, accounting for approximately 70% of GDP. (Moody’s Analytics, www.economy.com/cayman-islands). With the main sources of income in the Cayman Islands consisting of financial services, tourism and real estate sales and development, the loss of once pristine coral reefs upon which much of the tourist economy is based, would be devastating to the economy.

Response

All hands-on deck. Local governments throughout the Caribbean are collaborating with regional and international partners to continue to study the causes and effects of SCTLD on coral reefs. The Cayman Islands Government Department of the Environment (DoE) is “…actively training volunteers on disease identification and how to use treatment options while expanding our citizen scientist reporting efforts to engage the public in helping us identify diseases coral.” DoE regularly collects samples for epidemiological research and applies topical treatment of Amoxicillin + Base2B on affected corals within defined study areas. (doe.ky/marine/sctld.).

The Cayman Islands government is also engaged in efforts to grow new coral using fragments harvested from healthy reefs and grown on “coral trees” suspended in the water column in nurseries. https://missionblue.org/2017/03/cayman-islands-coral-nursery-conservation-program/




For further information:

Tammi Warrender is the Lead Coordinator of the SCTLD Response Project.  She can be reached by email: Tammi.Warrender@gov.ky

Report SCLTD and submit photographs: SCTLD Report Caribbean.

Urgent issues should be reported to the SCTLD hotline at +1-345-926-0680.

_________________________________________________________________

Michael P. Carvalho, Esq. is an environmental attorney representing a wide range of clients in environmental and real estate matters nationally and internationally. He is a former environmental consultant and serves as President of Carvalho & Associates, P.C with offices in Boston and Atlanta. He can be reached at mpc@carvalholawfirm.com.

Christopher J. Miller is a former environmental consultant and currently serves as Director of Natural Resources of the Town of Brewster, Massachusetts.

The post 2023 Citizen Science Research into Stony Coral Tissue Loss Disease (SCTLD) appeared first on Carvalholawfirm.com.

]]> 2020 Visual Survey – Sawmill Brook, Manchester, MA https://carvalholawfirm.com/sawmill-brook-a-visual-survey-2020/ Thu, 22 Oct 2020 21:35:02 +0000 https://carvalholawfirm.com/?p=5550 Learn about Saw Mill Brook in the Town of Manchester-by-the-Sea, MA, narrated by Michael Carvalho.  This short film on Sawmill Brook in Manchester by the Sea is the result of the collaborative efforts of the MBTS Stream Team, Salem Sound Coastwatch, Manchester-Essex Conservation Trust and our friends and partners.

The post 2020 Visual Survey – Sawmill Brook, Manchester, MA appeared first on Carvalholawfirm.com.

]]>
Learn about Saw Mill Brook in the Town of Manchester-by-the-Sea, MA, narrated by Michael Carvalho.  This short film on Sawmill Brook in Manchester by the Sea is the result of the collaborative efforts of the MBTS Stream Team, Salem Sound Coastwatch, Manchester-Essex Conservation Trust and our friends and partners.

The post 2020 Visual Survey – Sawmill Brook, Manchester, MA appeared first on Carvalholawfirm.com.

]]>
2020 Michael Carvalho Becomes MECT Board of Trustee Member https://carvalholawfirm.com/michael-carvalho-becomes-mect-board-of-trustee-member/ Wed, 22 Jan 2020 21:14:01 +0000 https://carvalholawfirm.com/?p=5541 Manchester Essex Conservation Trust is excited to announce its new Trustee Michael P. Carvalho who said, “I am very proud to be a Trustee of this great organization and I am committed to advancing the mission of this remarkable Community.” In August, Michael Carvalho narrated a short film on Sawmill Brook in Manchester-by-the-Sea, a collaboration of […]

The post 2020 Michael Carvalho Becomes MECT Board of Trustee Member appeared first on Carvalholawfirm.com.

]]>
Manchester Essex Conservation Trust is excited to announce its new Trustee Michael P. Carvalho who said, “I am very proud to be a Trustee of this great organization and I am committed to advancing the mission of this remarkable Community.”

In August, Michael Carvalho narrated a short film on Sawmill Brook in Manchester-by-the-Sea, a collaboration of work performed by members of the MBTS Stream Team, Salem Sound Coastwatch, Manchester-Essex Conservation Trust and our friends and partners.

Michael Carvalho is president of Carvalho & Associates, P.C. with offices in Boston, MA and Atlanta, GA. He specializes in environmental law, including litigation, regulatory and transactional matters. He can be reached at (678) 354-0066.

 

 

 

 

The post 2020 Michael Carvalho Becomes MECT Board of Trustee Member appeared first on Carvalholawfirm.com.

]]>
2015 EnvironMentors Awards $10,000 Emerging Leader Scholarship https://carvalholawfirm.com/2015-environmentors-awards-10000-emerging-leader-scholarship/ Fri, 12 Jun 2015 16:46:58 +0000 https://carvalholawfirm.com/?p=4744 WASHINGTON, DC – Top placing students from each EnvironMentors chapter travel to Washington, DC to compete for these college scholarships at the annual EnvironMentors National Fair. The 2015 Fair was held on Monday, June 1, 2015, at the U.S. Department of Agriculture in Washington, D.C.  Environmental Attorney Michael Carvalho, past Chair of EnvironMentors Advisory Board […]

The post 2015 EnvironMentors Awards $10,000 Emerging Leader Scholarship appeared first on Carvalholawfirm.com.

]]>
2015 Student Group Picture - cropped

WASHINGTON, DC – Top placing students from each EnvironMentors chapter travel to Washington, DC to compete for these college scholarships at the annual EnvironMentors National Fair. The 2015 Fair was held on Monday, June 1, 2015, at the U.S. Department of Agriculture in Washington, D.C.  Environmental Attorney Michael Carvalho, past Chair of EnvironMentors Advisory Board and Member of the Board of the National Council on Science and Environment, was honored to serve as Emcee.

The EnvironMentors Emerging Leader Scholarship is the top scholarship awarded by EnvironMentors in the amount of $10,000. This scholarship is granted to an EnvironMentors student who is a graduating senior, has participated in EnvironMentors for at least two years, has been admitted to college, demonstrates a genuine commitment to the environment, and who, as a result of their participation in EnvironMentors and other related experiences, has decided to pursue and environmentally-related college degree program.

The 2015 EnvironMentors Emerging Leader Scholarship was awarded to Erin Murphy, who will be attending the University of California and plans to pursue an environmentally-related college degree.

For more information about the EnvironMentors program, please visit www.ncseonline.org

The post 2015 EnvironMentors Awards $10,000 Emerging Leader Scholarship appeared first on Carvalholawfirm.com.

]]>
2015 EPA Releases Technical Guides to Support Vapor Intrusion Assessment & Mitigation Activities https://carvalholawfirm.com/epa-releases-technical-guides-to-support-vapor-intrusion-assessment-mitigation-activities/ Thu, 11 Jun 2015 20:25:17 +0000 https://carvalholawfirm.com/?p=4737 WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) released two technical guides to support assessment and mitigation activities at sites where vapor intrusion is an actual or potential concern. The Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air applies to all sites being evaluated under […]

The post 2015 EPA Releases Technical Guides to Support Vapor Intrusion Assessment & Mitigation Activities appeared first on Carvalholawfirm.com.

]]>
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) released two technical guides to support assessment and mitigation activities at sites where vapor intrusion is an actual or potential concern.

The Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air applies to all sites being evaluated under federal land cleanup statutes by EPA, other federal agencies, state and tribal governments and brownfield grantees. A companion document, the Technical Guide for Addressing Petroleum Vapor Intrusion at Leaking Underground Storage Tank Sites addresses any sites where vapor intrusion related to petroleum contamination from underground storage tanks is a potential concern. Both guides are applicable to residential and non-residential settings.

“These guides will promote national consistency in assessing and addressing the vapor intrusion human exposure pathway at contaminated sites to protect human health — particularly the most vulnerable,” says Mathy Stanislaus, assistant administrator for the Office of Solid Waste and Emergency Response. “States, tribes and localities, in particular, will find the guides to be critical resources for identifying and considering key factors related to vapor intrusion assessments, risk management decisions and mitigation actions.”

National awareness and concern about vapor intrusion has grown over the last several decades. At the same time, knowledge of and experience with assessment and mitigation of vapor intrusion has substantially increased, leading to heightened understanding of and improved approaches for evaluating and managing vapor intrusion. Relying upon this enhanced knowledge and more extensive experience, the guides present EPA’s current recommendations for identifying, evaluating and managing vapor intrusion while providing flexible technical approaches to accommodate site-specific conditions and circumstances.

At sites where vapor intrusion poses a potential or actual hazard to occupants’ health or safety, exposures usually can be prevented or reduced through relatively simple actions such as changing building pressure and ventilation. In most cases, costs associated with addressing vapor intrusion can be very manageable, resulting in long-term benefits including improved public health and less costly response actions. These benefits are especially likely when actions are undertaken early.

Vapor intrusion refers to the migration of hazardous vapors from contaminated subsurface sources such as groundwater through soil into overlying building and structures. Exposure to these vapors by building occupants can potentially pose both acute and chronic health risks. Vapor intrusion is a potential concern at any building—existing or planned—located near soil or groundwater contaminated with vapor-forming toxic chemicals.

To access the documents and for more information on vapor intrusion go to: Vapor Instrusion

The post 2015 EPA Releases Technical Guides to Support Vapor Intrusion Assessment & Mitigation Activities appeared first on Carvalholawfirm.com.

]]>
EnvironMentors to Receive $333K Grant from Toyota Foundation https://carvalholawfirm.com/environmentors-to-receive-333k-grant-from-toyota-foundation/ Mon, 14 Jul 2014 18:08:19 +0000 https://carvalholawfirm.com/?p=4553 The National Council on Science and Environment (NCSE) is pleased to announce that its EnvironMentors Program has been approved for a grant in the amount of $332,797 by the Toyota Foundation. This financial grant will provide stability to an excellent initiative that is being effectively lead by Jessica Soule, the EnvironMentors Program Director. The EnvironMentors […]

The post EnvironMentors to Receive $333K Grant from Toyota Foundation appeared first on Carvalholawfirm.com.

]]>
The National Council on Science and Environment (NCSE) is pleased to announce that its EnvironMentors Program has been approved for a grant in the amount of $332,797 by the Toyota Foundation. This financial grant will provide stability to an excellent initiative that is being effectively lead by Jessica Soule, the EnvironMentors Program Director.

The EnvironMentors program served a record number of students over the past twelve months with many inspirational stories of individuals in each of its 12 Chapters. EnvironMentors has received several additional smaller awards that further strengthen our work.

Founded in 1992 as an environment-based mentoring program, EnvironMentors envisions young adult leaders from all cultural, ethnic, and socio-economic backgrounds becoming active stewards of their communities and the environment. By creating a bridge that encourages underserved youth to explore environmental education in college we open potential pathways for them to move toward successful environmental careers.

EnvironMentors is uniquely positioned to increase the number of under-represented students in environmental and related science, technology, engineering, and mathematics (STEM) fields nationwide and help build a diverse, skilled workforce for the new green economy. Students, who would typically not have the exposure or opportunities to access environmental and related degrees and careers, gain invaluable mentoring, scientific research skills and support in college preparation. Equally important, students become more informed and active stewards of their local communities and the environment through EnvironMentors.

Currently, EnvironMentors has expanded to include thirteen chapters at: Alabama State University, Alabama A&M University, Arkansas State University, Colorado State University, Heritage University, Kean University, Kentucky State University, Louisiana State University, North Carolina State University, University of California, Davis, University of the District of Columbia, University of Nebraska, Lincoln, and West Virginia University.

For more information about the EnvironMentors program, please visit www.ncseonline.org

The post EnvironMentors to Receive $333K Grant from Toyota Foundation appeared first on Carvalholawfirm.com.

]]>
Federal Clean Water Act Update https://carvalholawfirm.com/federal-clean-water-act-update-2/ Mon, 28 Apr 2014 16:43:39 +0000 https://carvalholawfirm.com/?p=4537 For over 25 years, the U.S. EPA and U.S. Army Corps of Engineers have provided a regulatory framework for what constitutes the definition of “waters of the United States”. Water bodies meeting this definition are highly regulated creating legal and regulatory implications. On March 25, 2014, EPA and the Corps proposed a joint rule redefining […]

The post Federal Clean Water Act Update appeared first on Carvalholawfirm.com.

]]>
For over 25 years, the U.S. EPA and U.S. Army Corps of Engineers have provided a regulatory framework for what constitutes the definition of “waters of the United States”. Water bodies meeting this definition are highly regulated creating legal and regulatory implications. On March 25, 2014, EPA and the Corps proposed a joint rule redefining what consitutes “waters of the United States” in light of Supreme Court rulings in 2001 and 2006. The 2014 proposed rule replaces guidance from 2003 and 2008, and attempts to clarify the regulatory status of isolated places in a landscape; it does not modify other categories of waters htt currently are jurisdictional by rule (e.g. navigable waters, wetlands, impoundments, etc.). Download pdf link to the Congressional Research Service recently published paper entitled, Federal Clean Water Act (CWA)

 

The post Federal Clean Water Act Update appeared first on Carvalholawfirm.com.

]]>
Successful Scholarship Fundraiser for EnvironMentors https://carvalholawfirm.com/successful-scholarship-fundraiser-for-environmentors/ Wed, 19 Mar 2014 17:32:29 +0000 https://carvalholawfirm.com/?p=4526 WASHINGTON, DC – Carvalho & Associates, P.C. and Attorney Mike Carvalho are pleased to announce continuing support for the National Council for Science and Environment’s (NCSE’s) EnvironMentors Program.  Mike attended a Scholarship Fundraiser co-sponsored by Carvalho & Associates, P.C. at the Embassy of Finland in Washington, D.C. on March 12th.  The event was well attended […]

The post Successful Scholarship Fundraiser for EnvironMentors appeared first on Carvalholawfirm.com.

]]>
WASHINGTON, DC – Carvalho & Associates, P.C. and Attorney Mike Carvalho are pleased to announce continuing support for the National Council for Science and Environment’s (NCSE’s) EnvironMentors Program.  Mike attended a Scholarship Fundraiser co-sponsored by Carvalho & Associates, P.C. at the Embassy of Finland in Washington, D.C. on March 12th.  The event was well attended and raised over $15,000 in College Scholarships for EnvironMentors’ high school students.  In this photo are EnvironMentors Alumni who came back to tell their story and affirm the role that EnvironMentors played in their success.  Many thanks to all of sponsors and supporters of this important program!   For more information check out www.ncseonline.org

The post Successful Scholarship Fundraiser for EnvironMentors appeared first on Carvalholawfirm.com.

]]>