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Due Diligence Environmental Site Assessment

Frost Brown Todd

Sale-Leaseback Due Diligence Considerations

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This is the fourth installment in our series on sale-leaseback transactions, a real estate financing mechanism growing in popularity. For a recap, check out part one on sale-leaseback fundamentals, part two on reverse...more

BCLP

PFAS in Soil: State Regulations - Updated February 2024

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In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...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

Farella Braun + Martel LLP

[Event] Green Light or Red Flag? Critical Environmental Considerations in Real Estate Acquisitions - November 14th, San Francisco,...

Buying a commercial or industrial property can be a great opportunity—but it can also be fraught with financial peril and regulatory risk if you don’t properly assess environmental liabilities. Join us for an in-depth...more

Lippes Mathias LLP

Establishing Site Control is Just the Beginning: Initial Real Estate Diligence of Renewable Energy Projects

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Once site control is established for a renewable energy project, one of the project developer’s next steps is performing its due diligence to determine if the site is a viable option for the contemplated project. A key part...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

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

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

Environmental Services Agreement: Federal Court Addresses Limitation of Liability Clause

The United States District Court for the Middle District of Georgia (“Court”) addressed in an April 27th Order issues arising out of an environmental services agreement. See Thiele Kaolin Company v. Environmental Resources...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

BCLP on

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

BCLP on

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

Woodruff Sawyer

Environmental Liability Insurance versus RWI Environmental Coverage in M&A Transactions

Woodruff Sawyer on

A growing concern in many mergers and acquisitions (M&A) is the potential for environmental risks. Whether you are looking to acquire a manufacturing site or even just a tract of land for future construction, some...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

Williams Mullen

[Webinar] Environmental Considerations When Acquiring or Permitting Utility-Scale Solar Projects in Virginia - April 14th, 11:00...

Williams Mullen on

Conducting environmental due diligence and considering a project’s impact on the environment are essential in acquiring or permitting utility-scale solar projects in Virginia. This was underscored by the Virginia Department...more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

Woods Rogers on

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

UB Greensfelder LLP

[Webinar] Environmental Due Diligence in Real Estate Transactions: Phase II - September 15th, 2:00 pm - 3:00 pm EDT

UB Greensfelder LLP on

Live Webinar: A Deeper Dive into Environmental Due Diligence - Join Ulmer attorney David A. Meyer for a live webinar on Wednesday, September 15, at 2 p.m. (ET), as he continues the conversation on environmental due...more

Snell & Wilmer

Changes Coming Soon to a Due Diligence Project Near You!

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Changes are on the way for ASTM’s Phase I Environmental Site Assessment (“Phase I”) standard, the almost 30-year-old lynchpin of the transactional due diligence process. The American Society for Testing and Materials (“ASTM”)...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

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

Moore & Van Allen PLLC on

Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

Ward and Smith, P.A.

Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

Ward and Smith, P.A. on

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

Farella Braun + Martel LLP

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Harris Beach Murtha PLLC

Compliance Audits as part of Environmental Due Diligence - It’s more than just a Phase

When Borrowers and their lenders think about environmental due diligence, they immediately focus on Phase I/Phase II/ Environmental Site Assessments. That’s a good thing, and is an essential requirement when acquiring real...more

Faegre Drinker Biddle & Reath LLP

Buyers Must Soon Comply With New Environmental Due Diligence Standard

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

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