Environmental Protection Agency Contaminated Properties

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -
News & Analysis as of

Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

A fertilizer plant surrounded by homes, schools, and a hospital. A chemical tank that was externally examined but not drained of liquid for a more thorough inspection. These were some of the factors that contributed to two...more

The Complexity Associated with Setting Non-cancer Indoor Air Remediation Goals for Trichloroethylene Based on Short-term Exposure...

Over the last few years, there has been increasing consideration of vapor intrusion in groundwater investigations, groundwater remedy selection, periodic reviews of the continued safety of already implemented groundwater...more

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

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

Revised Phase I Environmental Assessment Standard Issued

On November 6, 2013, ASTM International issued its revised Phase I Environmental Assessment Standard, E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” Perhaps...more

EPA Calls for New “Completion Strategies” at Contaminated Groundwater Sites

October 2013, the U.S. Environmental Protection Agency issued its draft “Groundwater Remedy Completion Strategy – Moving Forward with Completion in Mind,” which would establish a recommended strategy for an adaptive...more

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

EPA Recognizes New Standard for Phase I Environmental Site Assessments in Real Estate Transactions

Effective December 30, 2013, the Environmental Protection Agency (EPA) has amended its regulations for site assessments in real estate transactions to add a new standard, ASTM E1527-13, as satisfying the agency’s requirements...more

EPA Announces Approval of New Phase I Environmental Site Assessment Standard

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, it was amending the rule impacting the type of due diligence necessary to avoid Superfund liability as a prospective...more

EPA Amends All Appropriate Inquiries Rule To Clarify Best Practices

The EPA has amended its "All Appropriate Inquiries" Rule (AAI Rule) to reference the recently published ASTM International E1527–13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment...more

EPA Adopts Updated Standards And Practices For Environmental Site Assessments; Forthcoming Proposed Rule Will No Longer Accept...

On December 30, 2013, EPA published a Final Rule providing that a prospective purchaser or tenant of contaminated property may use ASTM International’s recently updated version of its standard for environmental site...more

Texas Environmental Update - December 20, 2013

Mexican Federal Congress Approves Important Constitutional Energy Reform Bill - Energy Legal Blog, December 13, 2013 - As we previously reported, on August 12, 2013, Mexican President Enrique Peña Nieto...more

Not So Fast With the New Environmental Due Diligence Standard

On August 21, 2013, we wrote here that the United States Environmental Protection Agency approved the new ASTM Phase I environmental due diligence standard (ASTM E1527-13). In a move that caught many observers by surprise,...more

CERCLA, RCRA, and Vapor Intrusion: Does What Happens in Vegas Really Stay in Vegas?

In Voggenthaler v. Maryland Square LLC, 724 F.3d 1050 (9th Cir. 2013), the defendants argued that contamination that happened in Vegas, stayed in Vegas, and therefore the Commerce Clause barred the application of CERCLA. The...more

Capital Infusion: Practical Environmental Considerations in Acquiring or Securing Financing with Real Estate

This article focuses on environmental due diligence issues in the context of acquiring commercial/industrial real estate or using real property to secure financing. The analysis and risk factors for the acquisition of real...more

Renewable Energy Update - August 14, 2013

The wind industry gets its groove back GreenTech Media Headlines - Aug 7 Money is flowing back into wind after a first quarter hiatus stemming from policy uncertainty. The $210 million in venture capital investments...more

Time-Barred Claim? Fourth Circuit Invalidates State Statute of Repose in Contamination Cases

On July 10, 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or Superfund), the federal law redressing disposal of...more

Illinois Follows Vapor Intrusion Regulation Trend

Most commercial or industrial buyers of contaminated property, and virtually all lenders at contaminated sites, require sellers to either obtain a no-further-remediation letter (NFR) themselves, place money in escrow in an...more

New Indoor Inhalation/Vapor Intrusion Rule Adds New Requirements For NFR Letters In Illinois

Most commercial or industrial buyers of contaminated property, and virtually all lenders at contaminated sites, require sellers to either (a) obtain a No Further Remediation letter (NFR) themselves, (b) place money in escrow...more

EPA Gets the Vapors, Part II

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

EPA’s New "Institutional Controls" Guidance May Raise Issues in Cleanups and Transactions

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

Missouri To Pilot Reforms To Corrective Action Clean-Up Program

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

Texas Court Allows Defamation Claim Against Landowner to Proceed

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

EPA Issues Revised Enforcement Guidance Regarding Tenant Liability Under CERCLA’s Bona Fide Prospective Purchaser Provision

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

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

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

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

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

31 Results
|
View per page
Page: of 2