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Environmental Policies Real Estate Transactions

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

Hogan Lovells

Green Leasing in the US

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Green lease provisions are being added with increasing frequency in U.S. leases, especially in lease forms of larger and more sophisticated owners. For example, major owners of industrial spaces throughout the U.S....more

Balancing Leasing Acquisition and Environmental Risk in Data Center Projects

Buoyed by robust demand for large parcels of undeveloped land, the rise of artificial intelligence workloads, and the game-changing role that hyperscalers are playing, the real estate market for data centers is in a strong...more

Robinson+Cole Environmental Law +

It’s Official, the Transfer Act will be “Sunset”

For the last 40 years, the Connecticut Transfer Act has primarily driven the remediation of contaminated property in Connecticut—this will change early next year. Currently, the Connecticut Transfer Act (Conn. Gen. Stat....more

Epstein Becker & Green

Green Commercial Leases

Green leases are emerging as a key component of commercial leasing, as both landlords and tenants in different industries place an increasing emphasis on sustainability and environmental impact....more

Cozen O'Connor

The State AG Report – 04.03.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •EPA Chemical Accident Safety Rule Challenge Ignites AG...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s New Site Remediation Rule Proposal Contains Controversial New Reporting Requirements

The New Jersey Department of Environmental Protection (NJDEP) recently issued a rule proposal seeking to amend numerous regulations related to the Site Remediation Reform Act of 2009 (SRRA). Included among these proposed...more

Katten Muchin Rosenman LLP

Property Resilience Assessments and ASTM Standard (E 3429-24): A Potential New Due Diligence Option for Real Estate Transactions

In order to address the growing challenges posed by escalating climate uncertainties in the real estate sector, ASTM International (ASTM) published in October 2024 the “Standard Guide for Property Resilience Assessments,”...more

Mandelbaum Barrett PC

Proposed NJDEP Rule Changes Could Disrupt Commercial Real Estate Transactions

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The New Jersey Department of Environmental Protection (NJDEP) is considering significant amendments to its site remediation regulations, which could have major consequences for commercial real estate transactions in New...more

Cozen O'Connor

The State AG Report – 02.20.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Texas AG Investigates DeepSeek - •Florida Secures Order...more

Gray Reed

Texas Supreme Court Will Review Produced Water Case

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Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now...more

Pillsbury Winthrop Shaw Pittman LLP

New ASTM Standard Aims to Facilitate Assessing Climate Risk and Resilience Considerations

Owners, lenders and investors in real property have long relied on ASTM E 1527-21, a product of ASTM International, in connection with Phase I Environmental Site Assessments. This product is used to establish that “all...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

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

Shipman & Goodwin LLP

PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

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Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...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

Hinshaw & Culbertson LLP

U.S. EPA Publishes Final Rule Updating the Phase I Environmental Site Assessment Standard Under CERCLA

On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more

Miller Nash LLP

Prospective Purchaser Agreements: The Importance of PPAs When Purchasing Contaminated Oregon Properties

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Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

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The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Greenberg Glusker LLP

“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions

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Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...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

Farrell Fritz, P.C.

ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses

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When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure.  Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due...more

Lowndes

Looking Ahead to the Biden Administration – What the Commercial Real Estate Community Needs to Know

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As the 46th president of the United States, Joe Biden has set some ambitious policy goals that will have far-reaching effects on the commercial real estate market. However, until recently, most experts assumed his platform...more

Pullman & Comley, LLC

The Connecticut General Assembly Puts the First Nail in the Transfer Act’s Coffin: Connecticut to Adopt New Release-Based...

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The General Assembly gave Connecticut an early Halloween present during the first week of October when both houses of the legislature passed H.B. 7001, An Act Revising Provisions of the Transfer Act and Authorizing the...more

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