Toxic Torts

Read Residential Real Estate law updates, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 23, 2013

CERCLA and Original Sin -- Who Has to Pay For Other People's Contamination

by Foley Hoag LLP - Environmental Law on 9/28/2012

In an environmental dispute between innocents involving a Church and a downgradient property owner, a federal court recently found the Church, although without original sin, was less innocent and should bear all the costs of...more

Practical Considerations in Real Estate Transactions in Light of SRRA

by Cole Schotz on 6/20/2012

Originally published in the June 4, 2012 edition of New Jersey Law Journal. In an effort to expedite the remediation of more than 20,000 contaminated sites, New Jersey passed the Site Remediation and Reform Act (SRRA) on...more

Changes Coming to the IRIS Program

by Sedgwick LLP on 5/16/2012

In response to mounting criticism, the Environmental Protection Agency’s (EPA) Integrated Risk Information System (IRIS) program is implementing several new changes. IRIS is a human health assessment program and database...more

Contaminated Land: Cleaning up the Statutory Guidance in England

by K&L Gates LLP on 4/11/2012

Revised Statutory Guidance in relation to the contaminated land regime, and regulations amending the definition of when land will be considered to be contaminated, came into force on 6 April 2012. There are two significant...more

Setting Straight The EPA On The Cost Of Removing PCBs

by Mintz Levin on 3/19/2012

Originally published in Law360, New York (March 14, 2012, 1:45 PM ET) The U.S. Environmental Protection Agency (EPA) has requested public comment on a proposed reinterpretation of its polychlorinated biphenyl (PCB)...more

Reactions to Lead Paint Ruling Beginning to Surface

by Niles, Barton & Wilmer, LLP on 2/17/2012

In October, the Maryland Court of Appeals issued a very disappointing ruling in the lead paint case of Jackson v. Dackman Co., which nullified a long-standing Maryland statute that granted qualified immunity from lead paint...more

Public Notification and Outreach Rule Update

by Cole Schotz on 8/26/2011

This article is a follow-up to our prior post of July 31, 2009 dealing with this issue. As you may know, the New Jersey Department of Environmental Protection (“NJDEP”) enacted a notification and public outreach rule,...more

Interim Regulations Passed That Revamp New Jersey's Site Remediation Program

by Cole Schotz on 1/6/2010

The Administrative Requirements For Remediation Of Contaminated Sites (“ARRCS”) were promulgated on November 4, 2009. These interim rules were issued pursuant to the Site Remediation Reform Act (“SRRA”) that was passed on May...more

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