News & Analysis as of

Property Owners Contamination

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

Akerman LLP

Florida Governor Signs Major Brownfields Bill Into Law, Expanding Program

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The 2025 Florida legislative session produced a sweeping change in Florida’s Brownfield Redevelopment Program with the passage of CS/HB 733 and its significant amendments to Florida’s Brownfields statutes. The bill, which...more

Lowenstein Sandler LLP

How Long is Forever? PFAS Chemicals in Commercial Real Estate

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In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS,...more

MG+M The Law Firm

Schaap v. United States: PFAS Litigation Continues to Evolve with Novel Takings Clause Claim

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Per- and polyfluoroalkyl substances (PFAS) litigation is rapidly becoming one of the most dynamic and evolving areas of environmental law. With thousands of cases consolidated in the Aqueous Film-Forming Foams (AFFF)...more

Latham & Watkins LLP

Southern California Fire Cleanup Considerations for Landowners

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Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws. In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is...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

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

Saul Ewing LLP

NJDEP Proposes Amendments to Site Remediation Regulations and Rules That, if Adopted, Will Have Significant Implications for...

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In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation...more

Fox Rothschild LLP

New Hampshire Adds PFAS to Real Estate Sellers’ Mandatory Notifications

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In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more

Greenbaum, Rowe, Smith & Davis LLP

EPA’s Designation of Two “Forever Chemicals” as Hazardous Substances Brings Potential Impacts to Manufacturers,...

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The...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

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

MG+M The Law Firm

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

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A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

MG+M The Law Firm

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

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A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

Flaster Greenberg PC

Recent New PFAS Information of Relevance to Airports and Other Property Owners

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There have been numerous stories recently about a category of so-called “forever chemicals” known simply as “PFAS”, which are otherwise more scientifically referred to as per-and polyfluoroalkyl substances. Unlike many other...more

Vinson & Elkins LLP

Update for Property Purchasers: PFAS, Phase Is, and CERCLA Protections

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In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”)...more

UB Greensfelder LLP

[Webinar] Environmental Due Diligence in Real Estate Transactions: Phase II - September 15th, 2:00 pm - 3:00 pm EDT

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Live Webinar: A Deeper Dive into Environmental Due Diligence - Join Ulmer attorney David A. Meyer for a live webinar on Wednesday, September 15, at 2 p.m. (ET), as he continues the conversation on environmental due...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Farella Braun + Martel LLP

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

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

Davis Wright Tremaine LLP

Could Your Property Be Contaminated? And Do You Want to Know?

Avoiding Information Gathering About Your Property’s Potential Environmental Contamination May Not Do Your Business Any Favors - Do you own a piece of property that may be contaminated? We often hear clients say they do...more

Alston & Bird

Environmental & Land Use Briefing - June 2019

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Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...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

Beveridge & Diamond PC

Fifth Circuit: Louisiana’s Subsequent Purchaser Doctrine Bars Claims for Damage to Real Property

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Applying Louisiana’s “subsequent purchaser doctrine” in the context of contamination from oil-and-gas operations, the Fifth Circuit affirmed the dismissal of a landowner’s property damage claims. See Guilbeau v. Hess Corp.,...more

Pillsbury - Gravel2Gavel Construction & Real...

Louisiana’s Subsequent Purchaser Rule Bars Property Owner’s Claims

On April 18, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a Louisiana case that dismissed the plaintiff’s claims for property damage based on contamination caused to his property by...more

Davis Wright Tremaine LLP

Oregon DEQ to Review Sites with Long-Term Controls

The Oregon Department of Environmental Quality (“DEQ”) announced that in March 2017, it will launch a pilot program to take a second look at 25-30 randomly selected sites that received a No Further Action (“NFA”)...more

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