In EPEC Polymers, Inc. v. NL Industries Inc., Civ. Action No. 12-3842 (D.N.J. May 24, 2013), defendant NL Industries Inc. owned property on one side of the Raritan River, where it produced and discharged waste to the river. ...more
As noted in the post “EPA Gets the Vapors and Commercial Real Estate Feels the Chill,” EPA is now addressing the issue of vapor intrusion – harmful vapors from soil contamination migrating into buildings. The agency is doing...more
Prices for commercial properties are rising. Investors are buying commercial properties, malls and strip centers because returns are higher than other investments, such as government bonds. If you are considering buying or...more
The Brownfield Cleanup Program has encouraged many private-sector cleanups of contaminated real property throughout upstate New York. ...more
A quick Internet search sheds a bright light on the dangers to hotels if guest rooms are used for methamphetamine, or "meth," production. There are dangers related to contamination and its impact on other guests, as well as...more
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
WEST VIRGINIA LAND STEWARDSHIP CORPORATION - Enrolled Com. Sub for H. B. 2590. - Overview - Enrolled Com. Sub. For H. B. 2590 (hereinafter HB 2590) ) – to be known as the West Virginia Land Stewardship...more
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
Businesses involved in clean-up of environmentally contaminated sites often face a time-consuming and expensive process. The Missouri Department of Natural Resources and the Environmental Protection Agency will pilot reforms...more
On Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s (“Range”) defamation and business disparagement claims against a landowner to...more
A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more
The May 2014 requirement for completion of the Remedial Investigation and submittal of Remedial Investigation Report, imposed on certain contaminated sites in New Jersey by the Site Remediation Reform Act, is quickly...more
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
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
Sometimes you read a decision and it’s hard to understand how there really were two plausible sides to the dispute. Arrowood Indemnity Company v The Lubrizol Corporation is one such a decision. There, a policyholder sold...more
The Maryland Court of Appeals clarified certain standards for toxic tort claims, reversed a judgment in excess of $1 billion in punitive damages, vacated approximately $640,000,000 in compensatory damages, and remanded...more
Originally Published in Law360 on March 28, 2013. Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more
In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more
Late last year, the United States Environmental Protection Agency (“EPA”) issued Revised Enforcement Guidance Regarding the Treatment of Tenants under the Federal Comprehensive Environmental Response, Compensation, and...more
On January 31, 2013, the Connecticut Department of Energy and Environmental Protection (DEEP) unveiled revisions to guidance on financial assurance for engineered control variances under the Remediation Standard Regulations...more
In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more
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
On July 23, 2012, L. 2012, c. 24 (the “Solar Act”) was signed into law by Governor Christie. The Solar Act, among other things, requires the New Jersey Board of Utilities (“BPU”) in consultation with the New Jersey...more
In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more
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
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