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Contaminated Properties Property Owners

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

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

K&L Gates LLP

Contaminated Land in Western Australia: A Timely Reminder That Leases Must Comprehensively Address Land Contamination

K&L Gates LLP on

A Protracted History - In April 2025, Justice Musikanth of the WA Supreme Court delivered his judgment in Henderson v Contaminated Sites Committee [2025] WASC 123 (Henderson)....more

Pullman & Comley, LLC

DEEP Finalizes Release-Based Cleanup Regulations: What Property Owners Need to Know

Pullman & Comley, LLC on

Since the last half of 2020, the Connecticut Department of Energy and Environmental Protection (DEEP) has been working with a statutorily created working group to develop Release-Based Cleanup regulations, as contemplated by...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

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

Sale of Industrial Facility/Environmental Assessment: Connecticut Court Addresses Whether Seller was Reasonable in Terminating...

The Superior Court of Connecticut (“Court”) in a December 20th Memorandum of Trial Decision (“Memorandum”) addressed an issue arising out of the proposed sale of an industrial facility. See Candor Capital LLC v. Leeder Realty...more

Lowenstein Sandler LLP

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

Lowenstein Sandler LLP on

On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C....more

Fox Rothschild LLP

New Hampshire Adds PFAS to Real Estate Sellers’ Mandatory Notifications

Fox Rothschild LLP on

In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more

Bennett Jones LLP

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

Bennett Jones LLP on

This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more

Beveridge & Diamond PC

Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

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The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect...more

Verrill

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

Verrill on

​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

Pillsbury - PFAS Observer

The Long Road to PFAS Regulation

In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more

Miles & Stockbridge P.C.

With U.S. EPA’s Approval of ASTM E1527-21, a Revised Standard for Environmental Site Assessment Should Be Used

The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more

Miles & Stockbridge P.C.

Environmental Due Diligence Requires Reporting of Oil Contamination to the Maryland Department of the Environment

In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] PFAS & Real Property Transactions: The Essentials of Diligence and Compliance - June 9th, 12:00 pm - 1:00 pm PT

Regulators across the country are increasingly focused on per- and polyfluoroalkyl substances (PFAS) in soil and water. These “forever chemicals” are persistent and widespread, and pose complex cleanup challenges. As federal...more

Woods Rogers

Virginia DEQ Suspends Issuance of Landowner Liability “Comfort Letters”

Woods Rogers on

On December 1, 2021, the Virginia Department of Environmental Quality (“VDEQ”)  announced via a notice on its Brownfields website that it stopped accepting applications for Bona Fide Prospective Purchase (“BFPP”) and other...more

(ACOEL) | American College of Environmental...

Colorado Put the Institution in Institutional Controls

Thirty-one years after enactment of CERCLA, most environmental practitioners take for granted that remedies at federal and state Superfund sites will include a blend of removal and institutional controls (ICs). This comes...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Roetzel & Andress

New Liability Protection For Purchasers Of Contaminated Properties In Ohio

Roetzel & Andress on

On September 14, 2020, Ohio incorporated the federal “Bona Fide Prospective Purchaser” (“BFPP”) defense to hazardous substance liability into state law through the enactment of House Bill 168. The BFPP defense allows...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Farella Braun + Martel LLP

New Screening Levels for Key PFAS Chemicals Will Spur Regulatory Action at Contaminated Sites

In support of the State Water Resources Control Board’s (State Board) efforts to investigate and evaluate the public health effects of per- and polyfluoroalkyl substances (PFAS), the San Francisco Regional Water Quality...more

Tonkon Torp LLP

More Proof That Environmental Site Assessments Are Critically Important In CERCLA Cases

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In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), frequently referred to as Superfund. This legislation was passed in response to mounting concerns regarding...more

Schwabe, Williamson & Wyatt PC

Norlander v. Caldwell: Five Lessons for Plaintiffs Seeking Cost Recovery Under MTCA

In late 2019, the King County Superior Court issued a decision in Norlander v. Caldwell, Case No. 18-2-05702-7 SEA, which serves as a cautionary tale for plaintiffs seeking to recover remedial action costs under Washington’s...more

Beveridge & Diamond PC

MTCA: A Citizens’ Initiative Shaped by Agency Action

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

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The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more

Beveridge & Diamond PC

Washington’s Voluntary Cleanup Program: Further Action Needed?

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

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