News & Analysis as of

Real Estate Market Comprehensive Environmental Response, Compensation and Liability Act

Baker Donelson

Deal Killer? PFAS Impact on Commercial Real Estate Transactions

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In August 2022, the Environmental Protection Agency (EPA) proposed in the Federal Register to designate Perfluorooctanoic Acid and Perfluorooctanesulfonic Acid (collectively PFAS) as hazardous substances under the...more

Greenberg Glusker LLP

[Webinar] Key CA Environmental Regulatory Developments that May Impact Your Real Estate Assets or Investment Opportunities -...

Greenberg Glusker LLP on

This presentation will focus on revised vapor intrusion guidelines and the proposed listing USEPA of PFAS (forever chemicals) as a CERCLA hazardous substance....more

Goulston & Storrs PC

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

Goulston & Storrs PC on

On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that...more

Carlton Fields

Supreme Court Remediates CERCLA's Exclusivity Provisions

Carlton Fields on

In Atlantic Richfield Co. v. Christian, the Supreme Court recently held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not prevent state courts from exercising jurisdiction over...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

Snell & Wilmer

Eminent Domain: Be Careful What You Ask For

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The condemnation of property for public works may not always be as clean and easy as the government would like. Although local governments are often critical players in the cleanup and redevelopment of contaminated...more

Pillsbury Winthrop Shaw Pittman LLP

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

Porter Hedges LLP

EPA Recognizes New Standard for Phase I Environmental Site Assessments in Real Estate Transactions

Porter Hedges LLP on

Effective December 30, 2013, the Environmental Protection Agency (EPA) has amended its regulations for site assessments in real estate transactions to add a new standard, ASTM E1527-13, as satisfying the agency’s requirements...more

Latham & Watkins LLP

Digging in the Dirt? Allocating Environmental Liability in Real Estate Transactions

Latham & Watkins LLP on

While adverse environmental conditions may be unavoidable, appropriate due diligence can help both real estate buyers and sellers avoid a liability mess. The conveyance of commercial or industrial real estate often...more

Dickinson Wright

Real Estate Legal News - October 2013 • Volume 4, Number 1

Dickinson Wright on

In This Issue: - KEEP IT CLEAN: EPA ENDORSES NEW ASTM STANDARD FOR CONDUCTING ESAS: The United States Environmental Protection Agency (EPA) recently proposed a rule to recognize the updated standard of the...more

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