Residential Real Estate › Toxic Torts › Environmental Law

Vapor Intrusion Developments

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

The Intersection of Subrogation and Environmental Law — The Ninth Circuit’s Tyranny of Logic over Common Sense

In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response costs to its policyholder had no subrogation rights against the potentially...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

Responsible Parties and their LSRPs Now Obligated to Respond to Public Inquiries

Under the “traditional” site remediation program, New Jersey Department of Environmental Protection (NJDEP) responded to inquiries asking for the status of an investigation/cleanup of a site because it had all the information...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

Superfund Meets the Reality of Climate Change

What happens when Superfund runs headlong into Mother Nature? Hurricane Sandy provides a vivid answer. As the NY Times reports today, Hurricane Sandy had a significant impact on the Gowanus Canal Superfund Site in Brooklyn,...more

Indemnification Agreements Under CERCLA Do Not Affect Liability to Entities That Are Not Parties to the Agreement

Section 107(e) of CERCLA provides that - "No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who...more

Failure to Perform Appropriate Pre-Purchase Investigation Renders Buyer Liable for Cleanup

New Jersey property buyers need to be aware of liability for existing contamination as a result of failing to do an appropriate environmental investigation prior to purchasing. The recent case State Farm Fire and Cas. Co. v....more

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

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

Rockies Express Pipeline, LLC v. Burtle, No. 11-1219 (U.S. 7th Cir. Aug. 21, 2012)

U.S. 7th Circuit affirmed district court's exclusion of expert's valuation of property

The 7th Circuit Court of Appeals recently affirmed the district court's exclusion of expert evidence regarding valuation of property. In the recent case, Rockies Express Pipeline, LLC v. Burtle, No. 11-1219, 2012 WL...more

Maine DEP to Revise Oil Remediation Standards

The Department of Environmental Protection (DEP) has announced plans to revise its “Remediation Guidelines for Petroleum Contaminated Sites in Maine” issued on December 1, 2009. The “Preliminary Draft” available for comment...more

Practical Considerations in Real Estate Transactions in Light of SRRA

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

Divisional Court Affirms the Decision of the Environmental Review Tribunal in Kawartha Lakes

In its recent decision in The Corporation of the City of Kawartha Lakes v. Director, Ministry of the Environment (Kawartha Lakes) issued on May 28, 2012, the Divisional Court affirmed the reasoning of the Environmental Review...more

Changes Coming to the IRIS Program

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

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

Watershed Date for N.J. Site Remediation: May 7, 2012

In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1...more

Setting Straight The EPA On The Cost Of Removing PCBs

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

RCRA Citizen Suits Are Still Constitutional

2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more

Ontario Court of Appeal Dismisses $36 Million Environmental Class Action Award Against Inco

In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused...more

WEEKLY LAW RESUME™ - Coverage: Pollution Exclusion - Asbestos

Villa Los Alamos Homeowners Association v. State Farm General Insurance Company Court of Appeal, First District (August 25, 2011) In MacKinnon v. Truck Insurance Exchange (WLR September 4, 2003), the California Supreme...more

Public Notification and Outreach Rule Update

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

Shawn Collins - Five Things to Do if your Water or Neighborhood is Polluted

This is an interesting article by Shawn Collins detailing the five things you should do if your neighborhood is, or may be, polluted. These typically arise in water or groundwater contamination cases, with chemicals or...more

ACOEM'S UPDATED POSITION ON THE "ADVERSE HUMAN HEALTH EFFECTS ASSOCIATED WITH MOLDS IN THE INDOOR ENVIRONMENT" - WHAT THE...

The American College of Occupational and Environmental Medicine (ACOEM) has recently published an updated paper on the health effects of mold exposure in an indoor environment. This article summarizes the key points that all...more