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The Inflation Reduction Act Presents New Opportunities and Incentives for Business and Individuals

The Inflation Reduction Act, which President Biden signed on August 16, 2022, represents the country’s first major legislative measure to fight climate change. The new law allocates $369 billion in programs to promote energy...more

“Forever Chemicals” Are a Growing Environmental Concern: What Businesses and Individuals Need to Know

Though climate change dominates headlines during Earth Month, health experts (and lawyers) are increasingly concerned about a ubiquitous group of chemicals known as PFAS (per- and polyfluoroalkyl substances). The few people...more

SEC Issues Draft Rule Requiring Enhanced Climate Disclosures

On March 21, 2022, the SEC issued proposed amendments to its rules that require public companies to provide certain climate-related information in their registration statements and annual reports. The proposed rule has been...more

ASTM Issues New Environmental Real Estate Due Diligence Phase I Standards for CERCLA Bona Fide Prospective Purchaser Defense

On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action approved a new standard for conducting real estate due diligence Phase I...more

SEC May Soon Require Affirmative Climate Change Disclosure By Public Companies

Beginning on the 2020 election campaign trail and ever since President Biden has made responding to climate change one of his highest priorities. Indeed, one of the President’s first Executive Orders (E.O. 14008) is entitled,...more

It’s Time To Focus On Environmental Justice

Environmental justice is a popular buzzword these days, but many wonder: will anything actually change? Despite previous inaction and false promises, there is much cause for optimism that the words “environmental justice,”...more

EPA Approves New Assessment Standards For CERCLA Bona Fide Prospective Purchaser Defense

On December 30, 2013, the United States Environmental Protection Agency (EPA) issued a final rule relating to the bona fide prospective purchaser defense to CERCLA. EPA has authorized prospective purchasers of real estate to...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

Nuisance In Peril: Appellate Court Bars Common Law Nuisance Action Based On Federal Environmental Law

The common law doctrine of nuisance is a longstanding legal principle that has served as the framework for many federal environmental laws. In enacting these laws, Congress was careful to preserve common law actions....more

4/4/2011  /  Nuisance

Spring Arrival - EEOC Releases Final ADAAA Implementing Regulations

In the spirit of spring, the implementing regulations for the ADA Amendments Act (ADAAA) are somewhat sunnier than the proposed regulations initially presented by the EEOC in the fall of 2009....more

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