News & Analysis as of

Real Estate Development Comprehensive Environmental Response, Compensation and Liability Act

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

Stoel Rives LLP

Lease of Mind: Why Developers Should Consider Lease Options in Real Estate Agreements

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Before leasing land, it is important for developers to understand the benefits of using a lease-option structure instead of jumping straight into a leasehold. By deliberately separating and sequencing the grant of rights from...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

Pullman & Comley, LLC

Forever Chemicals Present Significant Challenges for Commercial Real Estate

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In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more attention on the management...more

Orrick, Herrington & Sutcliffe LLP

IRA: Energy Communities and Brownfields Tax Guidance: What Companies Need To Know

Initial guidance for the bonus credit amount for renewable energy projects located in “energy communities” answers numerous questions about how to prove a project qualifies for extra tax credits. The guidance—which is in...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

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

BCLP

Welcoming the New Year with EPA Revisions to the All Appropriate Inquiry Regulations

BCLP on

On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more

Roetzel & Andress

EPA Approves New Standard For Phase I Environmental Site Assessments

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On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments. Real estate developers, lenders and investors, and all purchasers of commercial property...more

Greenberg Glusker LLP

[Webinar] Key CA Environmental Regulatory Developments that May Impact Your Real Estate Assets or Investment Opportunities -...

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This presentation will focus on revised vapor intrusion guidelines and the proposed listing USEPA of PFAS (forever chemicals) as a CERCLA hazardous substance....more

Brooks Pierce

Risk and Reward: Environmental Issues in Real Estate Development

Brooks Pierce on

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more

UB Greensfelder LLP

[Webinar] The New Phase I Environmental Site Assessment Standard and Solving Environmental Problems during Real Estate...

UB Greensfelder LLP on

Join Ulmer for a Live Webinar on the New Phase I ESA Standard and Solving Environmental Problems During Real Estate Transactions - The American Society for Testing Materials (ASTM) released an update last November to the...more

Levenfeld Pearlstein, LLC

ASTM Issues New Environmental Real Estate Due Diligence Phase I Standards for CERCLA Bona Fide Prospective Purchaser Defense

On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action approved a new standard for conducting real estate due diligence Phase I...more

Akerman LLP

Major Boost Coming in Federal Brownfield and Superfund Spending and Focus

Akerman LLP on

Following the enactment of the federal Infrastructure Investment and Jobs Act (H.R. 3684) and its signing into law by President Joseph R. Biden this month, significantly expanded federal funding and emphasis is expected in...more

Holland & Knight LLP

ASTM Proposes Changes to Phase I ESA Standard (E1527)

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Every eight years, ASTM International's standard-setting committees are required to reevaluate existing ASTM standards. The ASTM E1527-13 Standard Practice on Phase I Environmental Site Assessments (ESAs) is required to be...more

Benesch

Ohio Expands Liability Protection for Brownfield Purchasers, But Reduces Incentives for Voluntary Cleanups

Benesch on

The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund law, has been used successfully to clean up abandoned industrial sites across the country....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

Williams Mullen

Environmental Notes - June 2019

Williams Mullen on

If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more

Ward and Smith, P.A.

Brownfields Redevelopment Receives Boost Under the BUILD Act

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Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide. The attraction to dense, urban communities offering work/live/play opportunities and away from suburban living has...more

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

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Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

Miles & Stockbridge P.C.

Recent BUILD Act “Builds” on Existing Brownfields Program through Additional Liability Protection and Redevelopment Incentives

Despite last minute veto threats from the White House, the bipartisan Consolidated Appropriations Act of 2018 was signed into law earlier this year. Buried deep in this massive omnibus spending bill is a major win for...more

Farella Braun + Martel LLP

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

McGuireWoods LLP

Green Building Risk Assessment: Necessary for Today’s Real Estate Deal Due Diligence

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The next building you buy, finance or develop may be “green.” As the use of green building standards like LEED® or ENERGY STAR® has become commonplace, human health standards such as WELL Building Standard™ have emerged,...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

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Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

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