News & Analysis as of

Washington Court Rules Insurer’s Duty to Defend Environmental Liability is Triggered by Agency’s Explicit or Implicit Threat of...

A party faced with strict liability under the Washington Model Toxics Control Act (MTCA) for the costs of cleaning up environmental contamination often has insurance that might apply, but a lingering question has been at what...more

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust...more

MDEQ Seeks Public Comments On Updated Part 201 Cleanup Criteria Rules

The Michigan Department of Environmental Quality (MDEQ) is seeking public comments on proposed administrative rules updating cleanup criteria under Part 201 of the Natural Resources and Environmental Protection Act, which...more

A Powerful New Tool For Brownfield Cleanup

California cities and counties have acquired a powerful new tool to clean up contaminated “brownfields” sites. On Oct. 5, Gov. Jerry Brown signed Assembly Bill 440, legislation that gives local government agencies in the...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

New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from...

Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more

Doing Business in Canada: Environmental Law

Companies doing business in Canada should identify and manage the risks associated with legal liability for harm that has been (or may be) caused to the environment. Environmental legislation (statutes and regulations) in...more

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