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Environmental Protection Agency (EPA) Real Estate Transactions

Whiteford

Client Alert: 2025 Virginia Legislative Updates for Common Interest Communities

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The Virginia General Assembly approved a number of bills during its 2025 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...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

Amundsen Davis LLC

PFAS: Protecting Your Business From ‘Forever Chemical’ Litigation

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Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of nearly 15,000 chemicals with heat, grease, oil, water, and stain resistant properties. They may be found in consumer products like food packaging, non-stick...more

Shipman & Goodwin LLP

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

Shipman & Goodwin LLP on

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

McGlinchey Stafford

PFAS as CERCLA Hazardous Substances: Impact on Commercial Real Estate Transactions

McGlinchey Stafford on

On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more

McGlinchey Stafford

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

McGlinchey Stafford on

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...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

Fox Rothschild LLP

Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA

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We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and...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

(ACOEL) | American College of Environmental...

Is “All Appropriate Inquiries” Appropriate?

On December 22, 2022, EPA authorized use of the latest version of the ASTM standard for performing Phase 1 environmental site investigations—E1527-21, as an option for satisfying Superfund’s all appropriate inquiries (AAI)...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Allen Matkins

New Standard for Phase I Environmental Site Assessments

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First established back in 1993, Phase I Environmental Site Assessments have become a ubiquitous component of environmental due diligence supporting most commercial and industrial real estate transactions in the United States....more

Miller Canfield

Environmental Due Diligence in Real Estate Transactions During the COVID-19 Crisis

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COVID-19 and Baseline Environmental Assessment Timing - Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental...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

Foley Hoag LLP - Environmental Law

Yes, Virginia, Selling a Building Known to Contain PCBs Can Constitute An Arrangement for Disposal

Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with. In 1994, EPA issued an administrative order, requiring...more

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