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Property Owners › Clean-Up Costs

Mitchell, Williams, Selig, Gates & Woodyard,...

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

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The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

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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

Verrill

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

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​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

Tonkon Torp LLP

New Law Imposes Liability on Landowners for Cleanup of Illegal Cannabis Facilities

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As predicted, the Oregon Legislature took action this past session to crack down on landowners who lease their land to illegal cannabis growers. Governor Kotek signed SB 326 into law last month, and its emergency clause makes...more

Perkins Coie

CERCLA Contribution Action Not Barred by Claim Preclusion

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Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are...more

Farella Braun + Martel LLP

New Screening Levels for Key PFAS Chemicals Will Spur Regulatory Action at Contaminated Sites

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In support of the State Water Resources Control Board’s (State Board) efforts to investigate and evaluate the public health effects of per- and polyfluoroalkyl substances (PFAS), the San Francisco Regional Water Quality...more

Schwabe, Williamson & Wyatt PC

Norlander v. Caldwell: Five Lessons for Plaintiffs Seeking Cost Recovery Under MTCA

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In late 2019, the King County Superior Court issued a decision in Norlander v. Caldwell, Case No. 18-2-05702-7 SEA, which serves as a cautionary tale for plaintiffs seeking to recover remedial action costs under Washington’s...more

Beveridge & Diamond PC

MTCA: A Citizens’ Initiative Shaped by Agency Action

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

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The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more

Blank Rome LLP

Third Circuit Holds New Property Owner on the Hook for Old Cleanup Costs

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Is a purchaser of contaminated property on the hook for environmental cleanup costs that take place prior to the time the property was acquired? In Pennsylvania Dept. of Environmental Protection v. Trainer Custom Chemical,...more

Bowditch & Dewey

Governor Baker Extends the Brownfields Tax Credit Program Until 2023

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The Brownfields Tax Credit program was due to expire on August 5, 2018. However, on May 31, 2018, Governor Baker signed the Housing Bond Bill, H4536, which, among other things, extended the Brownfields Tax Credit program for...more

Cole Schotz

Property Owners Damaged By Contamination Have Limited Time To Recover Common Law Damages

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Property owners who suffer damages as a result of contamination must be aware of time limitations to recover damages. A New Jersey appellate court recently upheld the rule that, unlike recovery of cleanup costs in...more

Perkins Coie

Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law Liability

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In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court...more

Schwabe, Williamson & Wyatt PC

Do Not Clean, Clean Dirt: Douglass v. Shamrock Paving, Inc.

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On December 21, 2017, the Washington Supreme Court issued a decision interpreting the private right of action under Washington’s Model Toxics Control Act (“MTCA”), Douglass v. Shamrock Paving, Inc. The decision analyzes three...more

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