News & Analysis as of

Due Diligence Comprehensive Environmental Response, Compensation and Liability Act

American Conference Institute (ACI)

[Event] 2nd Annual Summit on PFAS Regulation, Compliance and Litigation - May 29th - 30th, New York, NY

The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...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

Holland & Knight LLP

Tips for the Retail Leasing Lawyer to Minimize Environmental Liability Risk

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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

Holland & Knight LLP

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

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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

Bradley Arant Boult Cummings LLP

Buyer Beware: The Importance of Conducting Environmental Due Diligence

In the context of commercial real estate transactions, due diligence is conducted to obtain and verify available information regarding a property’s attributes and characteristics, physical and environmental condition,...more

Allen Matkins

Single ASTM Standard For Phase I ESAs For Commercial and Industrial Properties - 2024 Land Use, Environmental & Natural Resources...

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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

Holland & Knight LLP

EPA Designates 2 PFAS Compounds as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

McGlinchey Stafford

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

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On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Harris Beach Murtha PLLC

EPA Finalizes All Appropriate Inquiries Rule

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ASTM E1527-21 to Replace ASTM E1527-13 - On December 15, 2022, U.S. EPA published in the Federal Register its final rule updating its AAI Rule, recognizing ASTM E1527-21 as a method for meeting the AAI requirements for...more

BCLP

PFAS and your business: Identifying and investigating PFAS impacts

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Most businesses understand the need to conduct environmental due diligence when buying or selling real estate, but many businesses may not have a good understanding of how to investigate and mitigate the potential risk posed...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

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On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Brooks Pierce

Risk and Reward: Environmental Issues in Real Estate Development

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Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more

Harris Beach Murtha PLLC

U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments

In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for...more

UB Greensfelder LLP

[Webinar] The New Phase I Environmental Site Assessment Standard and Solving Environmental Problems during Real Estate...

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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

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

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On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

Seyfarth Shaw LLP

Updated ASTM Standard for Phase I Environmental Site Assessments Just Released

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Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

Greenberg Glusker LLP

[Webinar] From Dirt to Air: Current Topics in Environmental Law - January 27th, 10:00 am - 11:00 am PST

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Please join us on January 27th for a complimentary MCLE presentation as we discuss updates in environmental law, including those impacting: - Environmental due diligence including Phase I due diligence changes -...more

BCLP

PFAS Update: Significant Expansion of PFAS Regulation Under RCRA

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In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more

Clark Hill PLC

The Phase 1-2 Punch: Seventh Circuit Affirms Strict Enforcement of All Appropriate Inquiries (AAI) and ASTM Issues Revised...

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At the same time that Federal courts are strictly enforcing the requirements for All Appropriate Inquiries, ASTM International (“ASTM”) has issued additional, potentially challenging revisions to the E1527 Standard Practice...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

McGlinchey Stafford

Environmental Due Diligence In The Wake Of COVID-19

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The COVID-19 pandemic has the potential for impacting prospective purchasers of real estate from performing due diligence. The Bona Fide Prospective Purchaser (BFPP), the Innocent Landowner (ILO), and the Contiguous Property...more

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