In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more
Owners, lenders and investors in real property have long relied on ASTM E 1527-21, a product of ASTM International, in connection with Phase I Environmental Site Assessments. This product is used to establish that “all...more
In 2024, the U.S. Environmental Protection Agency (“EPA”) took significant steps to regulate per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.”...more
The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (S. 2781) was signed into law on December 17, 2024, by President Joe Biden. This was a bipartisan measure consisting of 21 Republicans, 17 Democrats, and...more
The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive...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
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
In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more
Buying a commercial or industrial property can be a great opportunity—but it can also be fraught with financial peril and regulatory risk if you don’t properly assess environmental liabilities. Join us for an in-depth...more
The Arkansas of Energy and Environment – Division of Environmental Quality (“DEQ”) and Arkansas Refrigerated Services, Inc. (“ARS”) entered into an October 2nd Elective Site Cleanup Agreement (“ESCA”). See LIS No. 24-146....more
Once site control is established for a renewable energy project, one of the project developer’s next steps is performing its due diligence to determine if the site is a viable option for the contemplated project. A key part...more
Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...more
Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work...more
As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a...more
Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more
On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...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
On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS...more
The Court of Appeals of Oregon (“Court of Appeals”) addressed in an April 24th Opinion an issue arising out of the sale of an industrial property. See Gunner, LLC v. Miller, 2024 WL 1756829. The question involved whether...more
We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more
On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more
In part two of the 2024 Housing New Law Guidance series we cover important new housing legislation related to CEQA, code enforcement, housing development, the Housing Crisis Act (HCA), housing element, infill infrastructure...more
The U.S. Environmental Protection Agency (EPA) finalized Test Methods 1633 and 1621, environmental sampling methods for analyzing up to 40 target per- and polyfluoroalkyl substances (PFAS) in soil, groundwater, and other...more
ASTM Standard E1527-13 died quietly on February 13, 2024, after a year of peaceful co-existence with its successor - ASTM Standard E1527-21. Both of the standards, which describe the methodology for conducting a Phase I...more
The CEQA process can be daunting, but being appropriately informed by a knowledgeable guide will create opportunity and cost savings throughout the life of a project. Participate in this dynamic discussion and gain insights...more