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
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
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
Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more
In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more
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
Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA.
The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses...more
On December 5, 2012, the U.S. Environmental Protection Agency (EPA) issued revised guidance regarding whether lessees of contaminated or formerly contaminated property may claim protection from liability under the...more
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