Environmental Law › Civil Remedies › Commercial Real Estate

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

Mistakes Have Consequences – British Petroleum’s Settlement

Three years ago, Tilting told tales of oil spill legal problems suffered by Forrest Gump, Bubba Gump Shrimp Company, Wok Ann chu-gumm Seafood Restaurants, Chef Red Fishy and Bishop Carp. Tilting predicted class action...more

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more

BP Settlement Claim

After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast...more

Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Bankruptcy Loses Arguments for Special Relief Under Prepetition Agreements for Environmental Liability

A recent case from the U.S. District Court for the Southern District of New York addressed the recurring conflict between the goals of bankruptcy law, which seeks to give debtors a fresh start, and the goals of federal and...more

EPA Revises Guidance On Bona Fide Prospective Purchaser Protection For Tenants Under Federal Superfund Law

On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses...more

CERCLA Cost Recovery or Contribution Claim: Another Judicial Misstep

The chaos unleashed by Aviall continues in a recent decision by the Seventh Circuit. In Bernstein v. Blankert, the Seventh Circuit revisited the issue whether a party having entered into an Administrative Order by Consent...more

EPA Issues New Superfund Guidance

Settlement plays a fundamental role in the Environmental Protection Agency’s (“EPA”) Superfund enforcement program. Potentially Responsible Parties (“PRPs”) seeking to resolve their liability through the settlement process...more

N.J. Supreme Court Decides Level of Causation Required to Seek Damages Under the Spill Act

In a recent decision, the New Jersey Supreme Court held that in an action to obtain damages under the Spill Compensation and Control Act (Spill Act), the Department of Environmental Protection (DEP) must show a reasonable...more

The Case For a Broad Pre-Emption Rule for CERCLA Contribution

Although some of the proposed tax plans and budgets being discussed in this election year suggest that the same dollar can be counted and spent multiple times, a growing number of courts have held that CERCLA response costs...more

CERCLA Investigations That Really Are At Risk

Site owners who conduct environmental investigations of potential releases of hazardous substances in the expectation that they will be able to recover their costs from the party whose operations gave rise to that threatened...more

New Jersey Clarifies How to Value Contaminated Property in a Condemnation Matter

A recent New Jersey Appellate Division case clarifies the process of valuing contaminated property in a condemnation action, and finds that where the cleanup has been completed, even if contamination remains at the property,...more

Attorney Member of Public Interest Organization Properly Awarded Attorney Fees

In Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg, 2012 DJDAR 7386 (2012), the California Court of Appeal for the First Appellate District decided a novel fee recovery case brought under the California...more

Western District of Pennsylvania Limits Party’s Ability to Recover Response Costs

The U.S. District Court for the Western District of Pennsylvania determined that a potentially responsible party conducting a site cleanup pursuant to both a state court order and an administrative settlement with a state...more

Settling Party Barred from Bringing a CERCLA Section 107(a) Claim

This week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia), the Eleventh Circuit held that a party that performs a cleanup in compliance with a consent decree has no right under the Comprehensive...more

Post Aviall Settlement Jurisprudence -- Back to the Future

Over the first two decades of CERCLA, the rule gradually emerged that parties which settled their liability were restricted to contribution claims under Section 113(f)(1) and would be entitled to contribution protection under...more

ZBA meeting minutes filed 6.10, not Decision filed 6.26, held to trigger 30-day statute of limitations for Article 78 proceeding

Filing of minutes of ZBA triggers art. 78 statute of limitations, not Decision filed two weeks later

After area variances were granted by the Zoning Board of Appeals in connection with the construction of a new hotel, minutes of the meeting were filed on June 10, 2010. The minutes contained a recitation of the decision and...more

SEQRA reviewing court must use reasonableness and common sense to tailor "hard look" to complexity of actually existing problems in project.

Issues for court in SEQRA review: Were potential adverse impacts ID'd? Was there a reasonable elaboration of basis for decision...

The proposed rezoning of an area of approximately 128 blocks in Brooklyn was reviewed environmentally under the State Environmental Quality Review Act (SEQRA) and New York City Environmental Quality Review (CEQR)by the...more

Marzulla Law Legal Report - July 29, 2011

In This Issue: - Federal Government Admits To Liability In Land Takings: The Otay And Bassett Cases Sometimes the evidence of a taking is so overwhelming that even the federal government has to concede liability....more

Zoning law in effect at time application is completed is applicable, rather than new zoning law adopted after application but before planning board decision.

Memorandum and Order upholding dismissal of petition-complaint on SEQRA and applicable zoning law issues.

A Planning Board decision under the State Environmental Quality Review Act was challenged, as was the zoning law under which the proposed shopping center project was judged by the Planning Board. The Planning Board used the...more

Constitutional and SEQRA challenge to local law restricting landlords fails as court holds law valid

Fourth Department decision holds local law valid

A landlord association challenged by a hybrid Article 78 and Declaratory Judgment action a Village of Brockport, New York local law, LL8-2008, which requires landlords to register their properties with the code enforcement...more