Toxic Torts

Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 22, 2013

New Liability Protection For Tenants On Brownfield Properties

by Jane Luxton | Pepper Hamilton LLP on 1/9/2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from...

by Jeffrey Kirschenbaum | Buchalter Nemer on 1/4/2013

Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more

Minimizing Commercial Lease Risks Through Proper Environmental Due Dilligence

by Lane Powell PC - Environmental Law on 11/21/2012

As real estate development and leasing begin to emerge slowly from the dark days of the Great Recession, it’s important to remember that environmental considerations should not take a back seat to getting a deal done. In...more

Hurricane Sandy and Environmental Compliance

by Pierce Atwood LLP on 10/31/2012

As we all prepare for -- or cope with -- the impacts of this storm, we hope you and your loved ones stay safe. Unfortunately, environmental impacts are inevitable. We are mindful that EPA was criticized after Katrina for...more

MDEQ Issues Revised Part 201 Generic Cleanup Criteria

by Pepper Hamilton LLP on 10/5/2012

Important changes to Michigan’s Part 201 cleanup criteria became effective September 28, 2012. Among other revisions, inhalation pathway criteria for both soil and groundwater were made more stringent for several constituents...more

Companies With Formaldehyde Risks Should Consider Insurance Issues Sooner, Not Later

by Gilbert LLP on 7/11/2012

In June 2011, the U.S. Department of Health and Human Services released a report identifying formaldehyde as a “known carcinogen” with possible ties to leukemia. Commentators have speculated that this development may...more

The “Third Party Defense” to Petroleum Clean-Up Liability Under Florida Law Is Eliminated by Buyer’s Knowledge of Pre-Existing...

by Trenam Kemker on 7/3/2012

A recent decision of the Florida 1st District Court of Appeal has held that a landowner who purchased commercial property with known existing underground petroleum contamination failed to qualify for both the so-called...more