When buying commercial property in Chicago, or elsewhere in Illinois, many investors ask whether a Phase I Environmental Site Assessment (Phase I) is required. Often times, yes, a Phase I is required. A Phase I is not...more
State legislatures across the country are wrangling with how to manage development of data centers. A myriad of stakeholders have many messages to deliver to thought leaders, but sorting those inputs into correct knowledge...more
An increasing number of developers and expanding companies across Indiana are turning to contaminated properties, commonly called “brownfields.” These sites provide ideal locations for urban infill projects as well as...more
First-time multifamily buyers in Chicago often focus on price, neighborhood and cap rate but miss legal and compliance issues that silently add cost, delay closing or create post-closing liability. Below are the most common...more
Overview The Connecticut Department of Energy and Environmental Protection (DEEP) has released the "Release Characterization Guidance" (RCG), a detailed roadmap for environmental professionals tasked with investigating,...more
The U.S. Environmental Protection Agency (EPA) on April 17, 2024, announced the designation of two per- and polyfluoroalkyl substances (PFAS) – perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) – as...more
Performing diligence to support your real estate acquisition can feel daunting—especially during “spooky season.” But there are steps companies can take to navigate the more unsettling environmental aspects with practical...more
Many developers know that performing a Phase I Environmental Site Assessment (ESA) prior to purchasing real property is a smart idea. But what exactly is a Phase I ESA? What protections does it provide? And how can it save...more
On September 17, 2025, EPA announced its decision to preserve the rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as “Hazardous Substances” pursuant to the Comprehensive...more
It has now been over a year since PFOA and PFOS – two types of PFAS – were designated as hazardous substances under CERCLA, the federal Superfund law. Among the consequences of these designations was that PFOA and PFOS...more
Industrial property transfers are drawing renewed interest from both domestic and foreign investors. These assets can be attractive, but US environmental law imposes strict, often joint and several, liabilities that can...more
This is the fourth installment in our series on sale-leaseback transactions, a real estate financing mechanism growing in popularity. For a recap, check out part one on sale-leaseback fundamentals, part two on reverse...more
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