Natural Resource Damages & Environmental Justice
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
What are PFAS and Why Should We Care?
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more
The Superior Court of Connecticut (“Court”) in a December 20th Memorandum of Trial Decision (“Memorandum”) addressed an issue arising out of the proposed sale of an industrial facility. See Candor Capital LLC v. Leeder Realty...more
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
On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C....more
Effective February 13, 2024, prospective purchasers and ground tenants of commercial and industrial property seeking liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act...more
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
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
A growing concern in many mergers and acquisitions (M&A) is the potential for environmental risks. Whether you are looking to acquire a manufacturing site or even just a tract of land for future construction, some...more
Regulators across the country are increasingly focused on per- and polyfluoroalkyl substances (PFAS) in soil and water. These “forever chemicals” are persistent and widespread, and pose complex cleanup challenges. As federal...more
Join Ulmer for a Live Webinar on the New Phase I ESA Standard and Solving Environmental Problems During Real Estate Transactions - The American Society for Testing Materials (ASTM) released an update last November to the...more
Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more
Standard due diligence practices may not necessarily identify all the potential liabilities associated with the rapidly evolving field of vapor intrusion. ...more
The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more
As we continue our look at the legal environment for Oregon Real Estate we’re going to get a little messy and explore the due diligence recommended for buying property that may have environmental contamination. In the Sale...more
Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more
This Corner Briefing highlights new Environmental Screening Levels (ESLs) established by the San Francisco Regional Water Quality Control Board on Jan. 24, 2019. The new ESLs have the potential for making sites that cleared...more
A recent Third Circuit Comprehensive Environmental Response, Compensation, and Liability Act, (‘CERCLA’) decision reaffirms the importance of environmental due diligence in real estate purchases. Pennsylvania Department of...more
The United States District Court for the Eastern District of Louisiana (“Court”) addressed in a May 30th opinion a dispute between a buyer and seller of real property related to a contract provision addressing responsibility...more
The blog Commonground has an August 25th post addressing a question regarding the assessment of a former on-site hospital that had utilized radium to treat tumors. The blog Commonground is a forum for discussion of a...more
With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more
2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more
Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more
On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more
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
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