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New Liability Protection For Tenants On Brownfield Properties

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...

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

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

National Academy of Sciences Group Recommending Methods to Facilitate Transition of Cleanup Programs from Problem Identification...

The National Research Council, an arm of the National Academy of Sciences (NAS), today released a report, “Alternatives for Managing the Nation’s Complex Contaminated Groundwater Sites” (available from the National Academies...more

EPA Issues Two New Superfund Guidance Documents: Plus Ca Change, Plus C'est La Meme Chose

EPA recently released two guidance documents relevant to Superfund practitioners. One establishes revised procedures regarding how EPA will manage negotiations with PRPs. The second updates EPA's guidance on how it will...more

Incentives for Real Estate Developers (Presentation)

In This Presenation: - Brownfields Voluntary Cleanup Incentives - GENERAL The General Assembly has provided two tax incentives to promote cleanup of brownfield sites: an income tax credit as well as a property...more

MDEQ Issues Revised Part 201 Generic Cleanup Criteria

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

Court Invalidates NJDEP Cleanup Rule For De Minimus Quantity Exemptions

On July 6, 2012, the New Jersey Appellate Division, in the case of Des Champs Laboratories, Inc. v. NJDEP, invalidated the NJDEP’s regulation requiring an owner or operator of an industrial establishment to certify that their...more

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

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

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

Distressed Properties and Environmental Liability: To Foreclose or Not to Foreclose, That is the Question

When the collateral has environmental contamination, the lender is faced with a take-it-or-leave-it dilemma, either of which poses significant financial risk. Taking a property in foreclosure may result in the lender bearing...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

CVS Settles Hazardous Waste Suit

In a settlement reached in mid-April, CVS Pharmacy Inc. (CVS) agreed to pay almost $14 million to settle claims that it improperly stored and disposed of hazardous waste at its drugstores in California....more

McAfee & Taft RegLINC - April 2012: Storage tanks By Chris Paul

Owners of land on which petroleum underground storage tanks are located are responsible for the cleanup of gasoline released (In re Huntington and Kildare Inc. v. Grannis, N. Y. App. Div., No. 512100, 11/3/11). Huntington and...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

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

Rogers Towers: Vapor Intrusion: Consideration During Due Diligence Investigation

In recent years, individuals and regulatory agencies have become concerned with the effects of “vapor intrusion,” which is the migration of emissions from volatile compounds, such as petroleum or dry cleaning solvents, found...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

ASTM International Publishes Guide for Property Owners Seeking Superfund Liability Relief

In 2002, Congress passed the Small Business Liability Relief and Brownfields Revitalization Act, which, among other things, amended the Superfund statute (also known as "CERCLA") to carve out of the harsh liability scheme...more

EPA issues draft implementation plan By Robert Joyce

On December 9, 2010, EPA issued its draft plan aimed at implementing its recently announced Integrated Cleanup Initiative. The Initiative is aimed at accelerating cleanups and implementing other improvements to the Agency’s...more

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