Toxic Torts › Residential Real Estate › Commercial Real Estate

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Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more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

Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,...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

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

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

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

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

Toxic Tort Challenges to Property Owners and Managers

Toxic Torts challenge Property Owners and Managers with new legal claimslegal...more

Rogers Towers: Lender’s Protection When Foreclosing on Contaminated Property

Lenders often hold an “indicia of title” on property as a security interest for a loan. If the buyer has defaulted on the loan and contamination exists on the property, the decision to foreclose can be difficult. However,...more