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Waste Board Amends VRP Regulations: What’s Changed?

The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014. All sites now in the VRP...more

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

U.S. EPA Amends Its "All Appropriate Inquiries Rule" To Reference Updated Standards for Phase I Environmental Site Assessments

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) amended its All Appropriate Inquiries (AAI) Rule, codified in 40 CFR Part 312, to include a specific reference to the updated ASTM International Standard...more

Ignoring Environmental Due Diligence Could Be Costly

We have all heard the saying “ignorance is bliss,” but in the area of real property acquisition, the more important idiom is “what you don’t know can kill you.” That may be a bit dramatic, but what you don’t know about a...more

Local Agencies Empowered to Order the Cleanup of Contaminated Properties - Assembly Bill 440 Provides Agencies Immunity from...

Gov. Brown recently signed Assembly Bill 440 into law, providing an important tool for local agencies to force the cleanup of contaminated properties within their borders. AB 440 builds upon the Polanco Redevelopment Act...more

Washington Legislature Passes Significant Changes To The Model Toxics Control Act

During the waning hours of the legislative session, the Washington State Legislature passed Substitute Senate Bill 5296 (SSB 5296) by large majorities and Governor Inslee signed the bill without changes. ...more

May 2014 is not that far away – New Jersey’s Mandatory Deadline for Remedial Investigations

The Site Remediation Reform Act (“SRRA”) established a May 7, 2014 deadline for completing the remedial investigation for all sites that triggered remediation requirements prior to May 7, 1999. If a responsible party fails...more

Environmental Groups Seek to Impose Selenium Treatment Obligations on Property Owners

The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, and Sierra Club have filed five (5) lawsuits in the last two months in the U.S. District Court for the Southern District of West Virginia, alleging...more

EPA’s New "Institutional Controls" Guidance May Raise Issues in Cleanups and Transactions

The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the Department of Defense. The...more

Fourth Circuit Brownfields Decision Stops Short Of Worst-Case Outcome

In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002 to "promote the cleanup and reuse of...more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Brownfield Tenants Gain CERCLA Liability Protection

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the...more

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...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

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

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

Smart Second Looks Save Years, Dollars In Resolving Environmental Claims

Environmental contamination disputes often drag on for many years and sometimes for decades, often resulting in repeated, costly and inconclusive field investigations and sampling. Particularly for large NPL sites under long...more

CERCLA's Easily Confused Statutes of Limitations

Deciding statute of limitations issues in CERCLA cases is not always a straightforward matter as the recent 54 page opinion in American Premier Underwriters Inc. v. General Electric Company illustrates. There, a federal court...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

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