[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not...more
...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more
The Appeals Court of Massachusetts addressed in a November 3rd opinion an issue arising out of environmental remediation associated with a property redevelopment project. See Starr Cap. Partners, LLC v. Toll Bros., Inc., 101...more
Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the Resource Conservation and Recovery...more
The Mississippi Court of Appeals addressed in a May 31st opinion a dispute over responsibility for environmental contamination between a lessor and a lessee. See Biloxi Dock & Ice, LLC v. Back Bay Fuel and Ice, LLC, 2022 WL...more
The Superior Court of New Jersey, Appellate Division (“Court”) addressed in a January 12th Opinion an issue relating to the environmental remediation of a commercial property. See Sunway Equity, LLC v. Suburban Propane, LP,...more
Parties to construction contracts are often surprised to learn that they are bound to implied unwritten contract obligations in addition to the written terms of their contracts. Courts in the United States began to...more
The New York Supreme Court – Appellate Division (Second Department) (“Court”) addressed in an October 20th Decision & Order (“Decision”) alleged damages associated with the remediation of oil contamination. See Bennett v....more
Q: I have handled a number of health and safety receiverships. A city I have worked with before asked me to look at a property and prepare a proposed remediation plan, so they could have me appointed receiver under Health and...more
The Superior Court of New Jersey – Appellate Division (“Appellate Court”) addressed in a June 10th opinion whether a rider to a real estate contract requiring the Seller to undertake certain environmental remediation was...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an April 11th opinion a Section 107(a) (3) Comprehensive Response, Compensation, and Liability Act (“CERCLA”) arranger issue. See U.S....more
In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel...more
On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more
Seeking 80 percent of remedial costs from each of two potentially responsible parties and “inflexibility” in pre-litigation negotiations are sufficiently unreasonable to trigger attorneys’ fees under the Massachusetts cleanup...more
Massachusetts Department of Revenue guidance declared a “naked, confiscatory attempt by a state administrative agency to appropriate private property to fill government coffers” by the Massachusetts Superior Court remains on...more