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
Imagine it’s August 2024 and you just got the dreaded news from a colleague that a government agency suspects that there are hazardous substances on a new property your company just bought. Even worse, your colleague just...more
What You Need to Know- CERCLA requires prospective purchasers to conduct an “all appropriate inquiry” into the environmental conditions of a property to qualify for potential defenses to CERCLA liability. Typically, an...more
After the real estate boom in the Southeast over the past few years, there are fewer and fewer examples of clean and pristine land available for commercial or industrial use. That means more properties at risk for...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
An important lesson on contracting with environmental consultants recently came out of a federal district court in California in Golden Gate Way, LLC v. Enercon Services, Inc., 20-cv-03077-EMC (N.D. Cal. Nov. 18, 2021)....more
ASTM International is required to review and either update or renew the existing version of its ASTM E1527 Phase I Environmental Site Assessment standard (Phase I ESA standard) every eight years. Since the current version...more
Your business has taken off, and you've been searching for that perfect 7,500 square foot building on an acre of land close to town, with parking and a view, and you've finally found it. Mission accomplished, right? Not...more
Despite last minute veto threats from the White House, the bipartisan Consolidated Appropriations Act of 2018 was signed into law earlier this year. Buried deep in this massive omnibus spending bill is a major win for...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