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Environmental Liability Real Estate Transactions

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

Shipman & Goodwin LLP

Connecticut’s Release-Based Cleanup Program: 10 Key Issues

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As Connecticut transitions away from the Transfer Act to a release-based cleanup program, developers, lenders, investors, owners, and tenants must quickly adapt to a significantly different regulatory environment. This...more

Stoel Rives LLP

Lease of Mind: Why Developers Should Consider Lease Options in Real Estate Agreements

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Before leasing land, it is important for developers to understand the benefits of using a lease-option structure instead of jumping straight into a leasehold. By deliberately separating and sequencing the grant of rights from...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

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

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

DarrowEverett LLP

[Webinar] Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale Agreements - October 30th, 9:00 am PT

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Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...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

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more

UB Greensfelder LLP

[Webinar] Environmental Due Diligence for Real Estate Transactions - June 10th, 2:00 pm - 3:00 pm EDT

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Join Ulmer attorney David A. Meyer as he takes a deep-dive into environmental due diligence for real estate transactions, covering topics including why prospective purchasers and tenants conduct environmental due diligence,...more

Williams Mullen

EPA Releases New Guidance on CERCLA Landowner Liability Protections

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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

Tucker Arensberg, P.C.

Recent Third Circuit CERCLA Decision Reaffirms the Importance of Environmental Due Diligence in Real Estate Purchases

Tucker Arensberg, P.C. on

A recent Third Circuit Comprehensive Environmental Response, Compensation, and Liability Act, (‘CERCLA’) decision reaffirms the importance of environmental due diligence in real estate purchases. Pennsylvania Department of...more

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