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Contaminated Properties Real Estate Transactions

Fox Rothschild LLP

New Hampshire Adds PFAS to Real Estate Sellers’ Mandatory Notifications

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In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more

Hinshaw & Culbertson LLP

U.S. EPA Publishes Final Rule Updating the Phase I Environmental Site Assessment Standard Under CERCLA

On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more

Miller Nash LLP

Prospective Purchaser Agreements: The Importance of PPAs When Purchasing Contaminated Oregon Properties

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Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Farrell Fritz, P.C. on

The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Greenberg Glusker LLP

“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions

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Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...more

Miles & Stockbridge P.C.

Environmental Due Diligence Requires Reporting of Oil Contamination to the Maryland Department of the Environment

In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] PFAS & Real Property Transactions: The Essentials of Diligence and Compliance - June 9th, 12:00 pm - 1:00 pm PT

Regulators across the country are increasingly focused on per- and polyfluoroalkyl substances (PFAS) in soil and water. These “forever chemicals” are persistent and widespread, and pose complex cleanup challenges. As federal...more

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more

UB Greensfelder LLP

[Webinar] The New Phase I Environmental Site Assessment Standard and Solving Environmental Problems during Real Estate...

UB Greensfelder LLP on

Join Ulmer for a Live Webinar on the New Phase I ESA Standard and Solving Environmental Problems During Real Estate Transactions - The American Society for Testing Materials (ASTM) released an update last November to the...more

Farrell Fritz, P.C.

ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses

Farrell Fritz, P.C. on

When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure.  Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due...more

Williams Mullen

[Webinar] CLE Institute - Environmental Risk Mitigation Strategies in Real Property Transactions - November 19th, 11:00 am - 12:30...

Williams Mullen on

Environmental risks are inherent in the transfer of real property. Phase I Environmental Site Assessments are an effective risk mitigation tool, but only if prepared in accordance with the current ASTM Standard E1527. This...more

Pullman & Comley, LLC

The Connecticut General Assembly Puts the First Nail in the Transfer Act’s Coffin: Connecticut to Adopt New Release-Based...

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The General Assembly gave Connecticut an early Halloween present during the first week of October when both houses of the legislature passed H.B. 7001, An Act Revising Provisions of the Transfer Act and Authorizing the...more

Environmental General Counsel PC

Vapor Intrusion: Closing the Gaps in Due Diligence

Standard due diligence practices may not necessarily identify all the potential liabilities associated with the rapidly evolving field of vapor intrusion. ...more

Greenberg Glusker LLP

Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update

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Technical consultants Elie Haddad and Jennifer Boyer (Haley & Aldrich, Inc. - San Jose, CA) team up with environmental attorneys Brian Moskal and Sherry Jackman (Greenberg Glusker LLP - Los Angeles, CA) to discuss and explore...more

Greenberg Glusker LLP

[Webinar] Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update - July 9th, 2:00 pm - 3:00 pm PDT

Greenberg Glusker LLP on

Technical consultants Elie Haddad and Jennifer Boyer (Haley & Aldrich, Inc. - San Jose, CA) team up with environmental attorneys Brian Moskal and Sherry Jackman (Greenberg Glusker LLP - Los Angeles, CA) to discuss and explore...more

Burr & Forman

The Gross and the Fair of Toxic Tort Claims in Bankruptcy

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Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when...more

Tucker Arensberg, P.C.

Recent Third Circuit CERCLA Decision Reaffirms the Importance of Environmental Due Diligence in Real Estate Purchases

Tucker Arensberg, P.C. on

A recent Third Circuit Comprehensive Environmental Response, Compensation, and Liability Act, (‘CERCLA’) decision reaffirms the importance of environmental due diligence in real estate purchases. Pennsylvania Department of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transactional Environmental Issues: Federal Court Addresses Buyer/Seller Dispute Regarding Post-Closing Remediation...

The United States District Court for the Eastern District of Louisiana (“Court”) addressed in a May 30th opinion a dispute between a buyer and seller of real property related to a contract provision addressing responsibility...more

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