News & Analysis as of

Due Diligence Contaminated Properties

Allen Matkins

Single ASTM Standard For Phase I ESAs For Commercial and Industrial Properties - 2024 Land Use, Environmental & Natural Resources...

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Effective February 13, 2024, prospective purchasers and ground tenants of commercial and industrial property seeking liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

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The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...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

Woodruff Sawyer

Environmental Liability Insurance versus RWI Environmental Coverage in M&A Transactions

Woodruff Sawyer on

A growing concern in many mergers and acquisitions (M&A) is the potential for environmental risks. Whether you are looking to acquire a manufacturing site or even just a tract of land for future construction, some...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

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

Seyfarth Shaw LLP

Updated ASTM Standard for Phase I Environmental Site Assessments Just Released

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Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...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

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

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

Tonkon Torp LLP

Due Diligence For Messy Commercial Property Purchases

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As we continue our look at the legal environment for Oregon Real Estate we’re going to get a little messy and explore the due diligence recommended for buying property that may have environmental contamination. In the Sale...more

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

Moore & Van Allen PLLC on

Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

Holland & Knight LLP

Environmental Screening Levels Ratchet Down: Implications for Regional Land Development - Corner Briefing: January 2019

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This Corner Briefing highlights new Environmental Screening Levels (ESLs) established by the San Francisco Regional Water Quality Control Board on Jan. 24, 2019. The new ESLs have the potential for making sites that cleared...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

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

On-Site Hospital/Radium: August 25th Commonground Blog Post Addresses Assessment Question

The blog Commonground has an August 25th post addressing a question regarding the assessment of a former on-site hospital that had utilized radium to treat tumors. The blog Commonground is a forum for discussion of a...more

Farella Braun + Martel LLP

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Williams Mullen

Williams Mullen Construction Industry Newsletter - Spring 2016

Williams Mullen on

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

Dechert LLP

Global Private Equity Newsletter - Winter 2016 Edition: Tools for Managing Environmental Risks in Deals

Dechert LLP on

When parties to an M&A deal consider most environmental risks, they essentially seek the same goals that they seek with respect to other liabilities in the deal. M&A sellers, particularly private equity sellers, seek to avoid...more

Faegre Drinker Biddle & Reath LLP

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

Snell & Wilmer

Expert Testimony May Be Required To Establish CERCLA Innocent Landowner Defense

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On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more

Akerman LLP

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

Akerman LLP on

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I...more

Pillsbury Winthrop Shaw Pittman LLP

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

Best Best & Krieger LLP

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

Foley Hoag LLP - Environmental Law

CERCLA’s Broad Sweep of Liability For Owners

Some decisions are valuable not because they make new law but because they reaffirm well known principles of law. City of Banning v. Dureau is one such decision. There, a federal district court in California ruled that an...more

Miller & Martin PLLC

Buyers Beware! New Environmental Due Diligence Standard Issued

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The price of environmental due diligence for commercial real estate transactions just went up. On November 6, 2013, the ASTM International announced the issuance of E1527-13, which is the updated standard practice for Phase I...more

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