News & Analysis as of

Environmental Site Assessment

White County, Arkansas Facility: Arkansas Department of Environmental Quality and Kohler Co. Enter into Elective Site Clean-Up...

The Arkansas Department of Environmental Quality (“ADEQ”) and Kohler Co. (“Kohler”) entered into an October 23rd Elective Site Clean-Up Agreement (“ESCA”). See LIS 17-096. The ESCA addresses a facility located in Searcy,...more

On the Surface, Everything Looks Good. But what dangers lurk below?

Routine Investigations – Whether they are a long-term tenant, buyer, developer or lender, prudent parties dealing with real estate conduct thorough due diligence of the property at issue, including obtaining a Phase I...more

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

by Snell & Wilmer on

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D....more

EPA Revises All Appropriate Inquiry Rule

by Beveridge & Diamond PC on

EPA recently published notice in the Federal Register of its intent to amend its All Appropriate Inquiry (“AAI”) Rule by including a reference to the revised ASTM Standard E2247-16 – “Standard Practice for Environmental Site...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

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

5 tips for environmental due diligence in business transactions

by Thompson Coburn LLP on

Virtually all business transactions involve some level of environmental risk. The key is to identify all of the potential risks and collect sufficient information about them early in the due diligence period of a transaction....more

ASTM Updates Phase I Standard for Assessing Forestland or Rural Property

by McGuireWoods LLP on

On Jan. 3, ASTM International released an updated version of its Phase I environmental site assessment standard for assessing rural and forestland properties for potential releases of hazardous substances and petroleum...more

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Corporate dissolution will not protect former directors and officers from environmental liabilities

by Dentons on

On December 10, 2016, Ontario’s Forfeited Corporate Property Act, 2015 (the FCPA), comes into force,1 along with related amendments to the Ontario Business Corporations Act (the OBCA).2 Directors and officers may be aware of...more

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

by Best Best & Krieger LLP on

Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says - A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association...more

California Supreme Court Upholds Precondemnation Procedures

by Snell & Wilmer on

On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

Due Diligence For Bankable Solar PV Projects

by Dentons on

Sharp reductions in the price of solar PV technology, dramatic technological advancement and (until recently) generous subsidies for solar PV generation have enabled developers to project reliable and attractive revenues over...more

Do you need a Section 404 permit for your real estate development?

by Thompson Coburn LLP on

Real estate developers recognize the importance of obtaining a Phase I environmental site assessment to review existing environmental site conditions. However, other conditions — creeks, streams, ditches or other water...more

Drone experts say human and machine should be treated the same when it comes to privacy and security

Last week I attended the International Conference on Unmanned Aircraft Systems (ICUAS) in Arlington, Virginia. An “Ethics and Engineering” panel set forth some interesting questions for those individuals and businesses...more

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

by Bryan Cave on

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

Compliance Audits as part of Environmental Due Diligence - It’s more than just a Phase

by Murtha Cullina on

When Borrowers and their lenders think about environmental due diligence, they immediately focus on Phase I/Phase II/ Environmental Site Assessments. That’s a good thing, and is an essential requirement when acquiring real...more

Expect Increased Environmental Regulatory Scrutiny in the Wake of the Flint Water Crisis

by Pepper Hamilton LLP on

The regulated community should plan for an increased level of agency oversight, inspection and enforcement and increased public involvement. Although there has been much finger pointing as to which party or parties may...more

Global Private Equity Newsletter - Winter 2016 Edition: Tools for Managing Environmental Risks in Deals

by Dechert LLP on

When parties to an M&A deal consider most environmental risks, they essentially seek the same goals that they seek with respect to other liabilities in the deal. M&A sellers, particularly private equity sellers, seek to avoid...more

Buyers Must Soon Comply With New Environmental Due Diligence Standard

by Faegre Baker Daniels on

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

EPA Issues Vapor Intrusion Guidance

by Williams Mullen on

Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the last decade. ...more

B.C. Court Allows Environmental Approvals Delay Claim to Proceed

In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more

Football and the Future of CEQA for Popular Projects

In quick succession, the Southern California cities of Inglewood and Carson have used the initiative process to approve new NFL football stadiums in bids to lure teams to new homes, bypassing review under the California...more

Environmental Indemnities

It is not often that one discovers that a senior housing facility was once an oil exploration complex or the site of a former dry cleaner but it does happen, and while your company may get comfortable with the acquisition and...more

Don’t Skip the Credits: The Oft-Overlooked Importance of Air Emission Credits in Mergers and Acquisitions

by Latham & Watkins LLP on

There is no shortage of environmental matters to navigate when buying a company or facility. Environmental counsel must first lead a diligence effort that delineates the target’s environmental footprint and then suss out the...more

EPA Updates Rule for Site Assessments to Address the Innocent Landowner Defense

by Burr & Forman on

On October 6, 2014, the Environmental Protection Agency (“EPA”) adopted a final rule which will eventually eliminate one of the two recognized ASTM International standards to conduct environmental site assessments, which were...more

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