News & Analysis as of

Property Owners Site Remediation

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

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

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

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

Pullman & Comley, LLC

DEEP Finalizes Release-Based Cleanup Regulations: What Property Owners Need to Know

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Since the last half of 2020, the Connecticut Department of Energy and Environmental Protection (DEEP) has been working with a statutorily created working group to develop Release-Based Cleanup regulations, as contemplated by...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

Lowenstein Sandler LLP

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

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On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C....more

Ward and Smith, P.A.

The Aftermath: Recovering From a Hurricane

Ward and Smith, P.A. on

These powerful storms are unpredictable, and despite our best efforts to prepare, they often leave a trail of destruction in their wake. When the winds finally die down and the floodwaters recede, they often leave behind a...more

Bennett Jones LLP

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

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This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more

Beveridge & Diamond PC

Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

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The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect...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

Sheppard Mullin Richter & Hampton LLP

[Webinar] PFAS & Real Property Transactions: The Essentials of Diligence and Compliance - June 9th, 12:00 pm - 1:00 pm PT

Regulators across the country are increasingly focused on per- and polyfluoroalkyl substances (PFAS) in soil and water. These “forever chemicals” are persistent and widespread, and pose complex cleanup challenges. As federal...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

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

Trafalgar Stump Dump: Arkansas Department of Energy and Environment - Division of Environmental Quality Motion to...

Two documents were prepared by the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) in regards to Thomas Fredericks and Fredericks Construction Company, Inc., (“Fredericks”) Consent...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

Beveridge & Diamond PC

Washington’s Voluntary Cleanup Program: Further Action Needed?

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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

Beveridge & Diamond PC

“Broken Link in the Chain of Liability”: MTCA Decision Highlights Intricacies of Corporate Law

Last week, in a decision highlighting the overlay of environmental and corporate law, a Washington federal district court dismissed claims seeking remediation costs, attorneys’ fees, and a declaratory judgment on liability...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards – Groundwater VOC Volatilization Criteria and Transition Provisions

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

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

Rider/Real Property Contract: New Jersey Appellate Court Addresses Whether Seller Must Undertake Groundwater Remediation

The Superior Court of New Jersey – Appellate Division (“Appellate Court”) addressed in a June 10th opinion whether a rider to a real estate contract requiring the Seller to undertake certain environmental remediation was...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

Troutman Pepper Locke

NJ Adopts New Site Remediation Rules, Affecting Real Property Owners and Users

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New Jersey has one of the nation’s strictest site remediation regimes, and new amendments to the law may create further compliance challenges for property owners and users....more

Bradley Arant Boult Cummings LLP

CERCLA and the Superfund Task Force: The more things change, the more they stay the same? - Thomson Reuters Westlaw

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more

Perkins Coie

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

Perkins Coie on

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

Stinson LLP

Congress Considers Changes to Americans with Disabilities Act to Prevent Serial Lawsuits

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Lawsuits against businesses alleging minor violations of the Americans with Disabilities Act (ADA), often filed in bulk by a small cadre of attorneys on behalf of the same plaintiffs, are on the rise both nationally and in...more

Holland & Knight LLP

Massachusetts Highest Court Clarifies When Claims for Permanent Property Damage Under Chapter 21E Accrue

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On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say "changed," when a claim for...more

Schwabe, Williamson & Wyatt PC

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

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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