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Addressing Environmental Issues in Real Estate Development
The United States and the European Union have legal tools to remedy damages to the environment. However, neither the U.S. nor the EU approaches explicitly address injuries and damages caused by armed conflict....more
Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more
The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more
CI Energy Group’s 9th Annual National Symposium on Cumulative Effects Assessment and Environmental Management is taking place virtually on April 28, 2021 (MDT) and delve into practical solutions and gain insight from...more
Southeast Asia appears set to become the next key market in the decommissioning of offshore oil and gas assets. With an estimated 200 offshore fields likely to stop producing by 2030, comprising more than 1,500 platforms and...more
EPA recently issued a guidance document (the “Guidance”) that supersedes and clarifies its 2003 guidance on what prospective purchasers of real estate must do to qualify for one of CERCLA’s three landowner liability...more
I undertook a presentation at the Arkansas Bankers Association Mega Conference titled: Managing Arkansas Environmental Issues in the Lending/Foreclosure Process ...more
I undertook a presentation at the September 26th Arkansas Bankers Association Mega Conference (“Conference”) in Little Rock, Arkansas titled: Managing Arkansas Environmental Issues in the Lending/Foreclosure Process...more
The Environmental Due Diligence section of the blog Commonground addresses a variety of issues associated with environmental and/or due diligence assessments of improved and unimproved real properties. A March 9th post...more
Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more
We all know that environmental laws impose heavy liability on businesses that release environmental contaminants into the air, soil or water. The family business is not immune to such liability. In fact, many...more
In a rule published on December 30, 2013, and effective immediately, the U.S. Environmental Protection Agency (EPA) has adopted a new standard (at 78 Fed. Reg. 79319) for conducting All Appropriate Inquiries (AAI) at...more