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
American environmental laws can be daunting for a foreign investor. For example, both federal and state laws can impose strict liability, which is liability regardless of fault or intent, on the owner or tenant of a...more
A federal court recently found the City of Fairbanks, Alaska responsible for 55% of the remediation costs necessary to clean up property it used to own because it should have taken action to mitigate the harm or warn the...more