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 notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more
On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more
Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook...more
The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property. A Phase I ESA includes a site inspection and review of current and past uses and...more
Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...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
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
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
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
When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure. Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due...more
Environmental risks are inherent in the transfer of real property. Phase I Environmental Site Assessments are an effective risk mitigation tool, but only if prepared in accordance with the current ASTM Standard E1527. This...more
The General Assembly gave Connecticut an early Halloween present during the first week of October when both houses of the legislature passed H.B. 7001, An Act Revising Provisions of the Transfer Act and Authorizing the...more
Standard due diligence practices may not necessarily identify all the potential liabilities associated with the rapidly evolving field of vapor intrusion. ...more
Technical consultants Elie Haddad and Jennifer Boyer (Haley & Aldrich, Inc. - San Jose, CA) team up with environmental attorneys Brian Moskal and Sherry Jackman (Greenberg Glusker LLP - Los Angeles, CA) to discuss and explore...more
Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when...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