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February 2012 Archives

Under CERCLA, Responsible Parties Liable for Future Clean-Up Costs

In State v. Solvent Chemical Co., 10-2026-cv (2nd Cir. Dec. 19, 2011), the Second Circuit Court of Appeals held that Solvent Chemical Company ("Solvent") could obtain a declaratory judgment that two adjacent property owners were responsible for future costs incurred by Solvent under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. ยงยง 9601-9675.

Revised Standards for Phase II Environmental Site Assessments

So far, in the Periconi, LLC Environmental Law Blog, we've discussed what to do before you purchase a contaminated property (see here) and what to do after you've purchased a contaminated property (see here), but there is a step that often takes place in between - i.e., between contract signing the closing on the purchase - that may be triggered by the results of your Phase I Environmental Site Assessment ("ESA"): the invasive Phase II ESA investigation. 

So, You're Interested in Purchasing a Contaminated Property (or a Parcel Next to a Contaminated Property): An Overview of Phase I Environmental Site Assessments

We realized, while writing about the new "Continuing Obligations Standards" for contaminated properties (see here), that in order to give a comprehensive picture of what needs to be done if you're thinking about purchasing a contaminated property, we need to start at the beginning: the Phase I Environmental Site Assessment. This has to take place before you purchase the contaminated property. 

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