Retail leasing attorneys face particular challenges when it comes to managing environmental liability, in large part because of the misconception that prospective commercial tenants cannot be held legally responsible for...more
12/4/2024
/ CERCLA ,
Commercial Leases ,
Commercial Real Estate Contracts ,
Commercial Tenants ,
Contaminated Properties ,
Due Diligence ,
Environmental Liability ,
Environmental Site Assessment ,
Mitigation ,
Regulatory Standards ,
Remediation ,
Risk Mitigation ,
Site Remediation
Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more
11/26/2024
/ ASTM ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Due Diligence ,
Enforcement ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
EPCRA ,
Final Rules ,
Hazardous Substances ,
Natural Resources ,
PFAS ,
Settlement ,
Superfund ,
Toxic Chemicals
The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
4/29/2024
/ CERCLA ,
Compliance ,
Discharge of Pollutants ,
Drinking Water ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Regulatory Reform ,
Toxic Chemicals ,
Water Supplies
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
3/18/2024
/ Brownfield Properties ,
Commercial General Liability Policies ,
Compliance ,
Contaminated Properties ,
Due Diligence ,
Environmental Liability ,
Guidance Update ,
Hazardous Substances ,
Notice Requirements ,
Petroleum ,
Remediation ,
Site Remediation ,
Soil ,
State Health Departments ,
Superfund ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC) ,
Waste Disposal
The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure...more