Have you received a notification letter from the Massachusetts Department of Environmental Protection (MassDEP) warning you that you have underground storage tanks (USTs) that need to be removed? As of August 7, 2017, all underground single walled steel tanks in the state of Massachusetts must be removed, permanently closed-in-place, or placed out-of-service (then removed or permanently closed-in-place by July 1, 2018). At the time of the tank removal, environmental conditions must be assessed per state and federal regulations, since it is possible that contamination may exist in the area of the UST(s). In Massachusetts, tanks must be closed in accordance
Challenging new projects. Creative yet practical solutions. Innovative ways to protect the planet – one property at a time. Catch up on the latest news from Cooperstown Environmental here.
The Washington Apartments, Melrose’s new boutique luxury apartments, offers spacious apartment living in an intimate setting. The Washington Apartments offers state of the art residential living amenities in just a short walk from the Orange Line T stop and a close commute to Downtown Boston. Developed by Wood Partners, a leading Atlanta based developer with decades of experience, the building reinvigorates a property formerly used for truck and dumpster storage, continuing the redevelopment of one of the hottest growing markets in the area. The Massachusetts Brownfields Tax Credit program helped support this project. WDR-3 Wood 2 Washington Owner LLC, an
For the fifth consecutive year, Cooperstown Environmental LLC is the top consulting firm in Massachusetts Brownfields Tax Credit awards, according to official statistics just released by the Massachusetts Department of Revenue (DOR). Once again, most recipients of the state’s Brownfield tax credit were clients of Cooperstown Environmental LLC, as reported in the latest version of state’s Tax Credit Transparency Report. This annual report shows that more than half of the approved applications were completed by the firm. Cooperstown’s market position as the top firm in the Brownfield Tax Credit arena is long-standing. The latest version of the report from DOR
The Girard building, Boston’s newest high-end residential building located in the city’s South End at 600 Harrison Avenue, recently opened and is quickly filling up. The Girard offers a residential experience of the highest quality that brings a content-rich living experience to a premier location. Developed by New Atlantic Development, a premier developer with decades of experience building in Boston, the building reinvigorates a former parking lot and continues the buildout of one of the leading neighborhoods in Boston. The project was supported by the Massachusetts Brownfields Tax Credit. 600 Harrison Avenue Associates LLC, an entity formed by New Atlantic
When it comes to environmental contamination of real estate, the legal principle of “you break it, you buy it” does not apply – in fact, the reality is much worse! Under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) legislation (commonly known as Superfund), as well as state laws like Massachusetts’ C. 21E, legal liability for environmental contamination is “strict.” This means that the property owner is per se responsible for any contamination at that property - period. It does not matter if the owner caused or contributed to the contamination. It does not matter if the contamination
BU, Northeastern, and Wellesley Await Final Decision A high profile Massachusetts lawsuit regarding the denial of Brownfields Tax Credits has been wending its way through the legal system over the past year and now sits in the lap of an Appeals Court judge. Recent filings by the defendant Massachusetts Department of Revenue (DOR) and the plaintiffs – three Boston-area colleges – set the stage for a dramatic verdict that is expected in the coming months. In 2012, Northeastern University, Boston University, and Wellesley College separately submitted applications to DOR seeking tax credits related to environmental cleanups completed at the respective
The Boston Globe yesterday reported a lawsuit that has been filed by three Massachusetts colleges regarding Massachusetts Brownfields Tax Credits, the first public acknowledgement of a brouhaha that has been two years in the making. Wellesley College, Northeastern University, and Boston University have sued the Massachusetts Department of Revenue (DOR) for improperly denying applications filed by each school. The Globe’s news story was accurate but lacked the background and perspective needed to understand the full story. The facts of the case and the chronology of events may provide observers with a better understanding of the issues. The Brownfields Tax Credit
The Massachusetts Brownfields Tax Credit program is a proven, successful program that helps to offset environmental response costs for eligible projects. The program may be the best of its kind among the many states that offer a similar reimbursement plan, as it is a “by right” credit. If the project meets all of the qualification criteria, the credit is awarded. There is no annual cap statewide and no per project cap. Nor does the project need to be pre-qualified or certified by the state. In addition, the credit is transferable, so it may be sold, producing cash for the applicant.
Developers, not-for-profits, commercial property owners, and others conducting environmental remediation projects can rely on the state’s Brownfields tax credit – finally. The budget signed by the Governor Friday extends the credit for five years, quelling worries that the credit would expire at the end of this year. The program, which incentivizes commercial redevelopment in economically distressed areas (EDAs) by providing a rebate on environmental cleanups to Eligible Persons (who did not cause the contamination), has been a resounding success since it was initially passed in 1998. Hundreds of properties have been cleaned up to Department of Environmental Protection (DEP) standards,
A proposal by the Massachusetts Department of Revenue (DOR) to modify its successful Brownfields Tax Credit program, and apply the changes to applications submitted as far back as a year ago, has similarities to a recent court ruling in New York. DOR in April proposed new rules affecting applicants for Massachusetts Brownfields Tax Credits. These credits allow eligible parties who remediate a Brownfield site in an economically distressed area (EDA) to recoup a portion of their cleanup costs via a tax credit if the project meets certain requirements. The proposed changes to the program tighten eligibility requirements with the goal