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Environmental Due Diligence

What Is Required to Retain the Bona Fide Prospective Purchaser Exemption from CERCLA Liability?

Have you been in the market to buy property, but learned that the property was contaminated? There are steps that you can take to avoid opening yourself up to liability.As you may remember, we recently discussed EPA's proposed and direct final rules on Amendment to...

When Does the Discovery of Historic Contamination Qualify as a “Sudden and Accidental” Release?

Many insurance policies contain a "pollution exclusion" which seeks to exclude coverage for losses arising from pollution, except in the case of a "sudden and accidental" release. "Sudden and accidental" may bring to mind a burst pipe or overturned tanker truck, but a...

Migration of Contamination Does Not Automatically Create a Single “Facility” Under CERCLA

A federal court in New York recently decided that the migration of subterranean contamination onto a neighboring property was not, by itself, a sufficient basis to hold a neighboring landowner jointly liable for remediation costs under the federal Comprehensive...

Environmental Due Diligence in Real Estate Transactions Blog Series: Part IV – Working with Environmental Consultants

In our series highlighting the tools of environmental due diligence in real estate transactions, we've covered the basics of (1) what is "environmental due diligence," (2) what are the important environmental provisions you need in a purchase and sale contract, and...

Environmental Due Diligence in Real Estate Transactions Blog Series: Part III – Environmental Site Assessments and Compliance Audits

So now you've selected your property and have a proper purchase and sale agreement in place; what do you do next?A. Protecting Yourself from Potential LiabilityUnder CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act) there is a broad...

Environmental Due Diligence in Real Estate Transactions Blog Series: Part II – Contract of Sale of Real Property

In our first post in this blog series, we explained exactly what is meant by the term "environmental due diligence" in real estate transactions and discussed some of the "tools" of environmental due diligence. In this post, we'll cover in detail one of those tools:...

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