News & Analysis as of

Environmental Liability Contaminated Properties Remediation

K&L Gates LLP

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

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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

Saiber LLC

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental...

Saiber LLC on

In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of...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

New York State Issues Updated Soil Vapor Intrusion Guidance

Holland & Knight LLP on

The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more

Morgan Lewis

What to Know About Environmental Liabilities in Bankruptcy

Morgan Lewis on

One of the primary goals of bankruptcy law is to provide debtors with a fresh start by imposing an automatic stay and allowing for claims of reorganizing debtors to be discharged. In environmental law, a primary goal is to...more

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

Gray Reed on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

Nossaman LLP

Condemnation and Contamination: The Spectre of Double Liability

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Agencies acquiring private property for a public project conduct thorough investigations to determine whether the property has environmental contamination. If contamination is found, the question arises whether evidence of...more

Foley Hoag LLP - Environmental Law

CERCLA Cost Recovery v. Contribution Again: It’s Still Unfair

Parties in CERCLA cases continue to deal with the consequences of the Supreme Court decisions in Aviall and Atlantic Research which essentially created two classes of PRPs: (1) PRPs who entered into CERCLA settlements with...more

Troutman Pepper

Every Picture Tells a Story... Convincing Regulators and Courts of Your Client’s Position

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When facing the potential of spending large sums of money on remediation, administrative enforcement, or litigation due to a chemical release to the environment, you must be able to take the collected information and data and...more

Burr & Forman

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

Burr & Forman on

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

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