Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign...more
The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more
1/25/2023
/ ASTM ,
CERCLA ,
Contaminated Properties ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Liability ,
Property Owners ,
Regulatory Standards ,
Statutory Defenses ,
Superfund
In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more
1/20/2023
/ CERCLA ,
Clean Water Act ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Regulatory Standards ,
Toxic Chemicals ,
Toxic Exposure ,
Water Supplies
The U.S. Environmental Protection Agency (U.S. EPA) recently proposed to change annual chemical release reporting requirements for industrial facilities that manufacture, process or otherwise use even very small quantities of...more
We summarized in July the status of ethylene oxide (EtO) federal regulation and litigation risks facing companies using EtO. Since then, two personal injury jury trials claiming damages from EtO exposure have concluded – one...more
District of Columbia Mayor Muriel Bowser signed two significant pieces of legislation recently to build on the success of the Clean Energy DC Omnibus Act of 2018 and to further help transition the District to a new energy...more
Our earlier blog post, “Companies Should Know Benefits and Risks of ESG Reporting,” provided an overview of the Environmental, Social and Governance (“ESG”) metrics, why these metrics are important to companies and...more
7/25/2022
/ Clean Air Act ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
Insurance Industry ,
Mutual Funds ,
Publicly-Traded Companies ,
Regulatory Agencies ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
West Virginia v EPA
In our earlier post, Public and Regulatory Attention to Forever Chemicals is at an All-Time High, we discussed the expected and upcoming regulation of per- and polyfluoroalkyl substances (“PFAS”). Another chemical expected to...more
7/22/2022
/ Biden Administration ,
Cancer ,
Chemical Compounds ,
Chemicals ,
Comment Period ,
Enforcement Priorities ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Regulatory Agenda ,
Regulatory History ,
Regulatory Oversight ,
Risk Management ,
Rulemaking Process ,
Toxic Chemicals
In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical...more
Please join Russell Randle, Karl Means and Tara Hopkins of Miles & Stockbridge for a timely breakfast briefing on the Russian export controls and sanctions.
The United States sanctions and export control response to the...more
It is standard practice today for real property purchasers to conduct an Environmental Phase I Environmental Site Assessment (“Phase I ESA”) or otherwise satisfy the All Appropriate Inquiries (“AAI”) requirement “in...more
Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...more
Highlights -
..This Miles & Stockbridge alert provides a summary of the latest sanctions and developments regarding the ongoing situation in Ukraine.
..In response to Russia’s continued war operations and military...more
3/4/2022
/ Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Exports ,
Financial Institutions ,
Financial Transactions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
SWIFT ,
Ukraine
On February 24th, as part of the broader response to Russia’s invasion of Ukraine - the White House announced strict export controls as part of the Biden Administration’s strategy to “squeeze Russia’s access to finance and...more
2/28/2022
/ Biden Administration ,
Commerce Control List ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Military End Use ,
Russia ,
Ukraine
Banks, builders, developers and all those active in commercial real estate, particularly in Maryland, D.C., and Virginia, should be closely following proposed new Treasury Department rules governing foreign investment in real...more
10/1/2019
/ Airports ,
Banking Sector ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Exemptions ,
Financing ,
FIRRMA ,
Foreign Investment ,
Popular ,
Ports ,
Proposed Regulation ,
Real Estate Development ,
U.S. Treasury
Although most basic questions under the federal “Superfund” law have long since been addressed in detail by the federal EPA and the federal courts, Section 108 - Superfund’s “financial assurance provision” - is only now...more
For a U.S. person or business that sold to, or bought from, a foreign business or person $500 or more in certain services or intellectual property (“IP”) during the U.S. entity’s fiscal year ending in 2017, June 29, 2018 is...more
For a U.S. business enterprise that has or recently had 10% foreign ownership, May 31, 2018 is an important filing date. That Thursday is the general reporting deadline for submitting to the U.S. Department of Commerce,...more
U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt says that expediting cleanups at Superfund sites is one of his top priorities. Since 1980, EPA has had the authority to clean up contaminated sites and...more
Uncertainty and speculation have swirled over the last few months regarding whether U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt would replace the Clean Power Plan (CPP) after proposing to repeal the...more
On Friday, December 1, 2017, the U.S. Environmental Protection Agency (EPA) decided NOT to finalize rules to require hard rock mines and mineral processing operations to provide financial assurance to fund future cleanups of...more