As a real estate purchaser, developer, or seller, you may wonder: "Do I really need a Phase I environmental site assessments (ESA) before purchasing property?" The answer is simple: yes! As we explain on this page, a Phase I ESA looks into the history of a property....
Superfund (CERCLA & State Superfund)
Insurance pollution exclusion: entire pollution claim denied under exclusion, even if one of the sources of contamination was eligible for coverage
Does a pollution exclusion clause that bars coverage under an indemnification provision in an insurance policy as to one of the sources of contamination also bar coverage that should apply to another source of the same contamination that is not by itself excluded from...
In Oil Spill Case, Common Law Negligence Claim Against Insurer Not Time-Barred Despite Policy
Sometimes simple common law principles are the best way to litigate against insurance companies. Specifically, if the insurance policy calls for a two-year limitations period to sue, make sure your attorney alleges common law negligence against the insurance carrier...
City Council Members Seek to Redefine “Reside” in Local Lead Paint Law
New York City's lead-based paint law (Local Law 1 [1982]) requires landlords to remove lead-based paint in any apartment unit in which a child under 6 years of age resides. The issue in Yaniveth R. v. LTD Realty Co. was whether a child "resides" in an apartment...
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 is Judicial Review Available for an Ongoing Federal Superfund Remediation?
The U.S. Supreme Court has recently declined to consider a case centering on the question of when a citizens' group may challenge an ongoing environmental remediation under the federal Superfund law. The Court's decision lets stand a May 2014 ruling by the Seventh...
Perfluorinated Chemicals: Emerging Contaminant, Emerging Liability
Despite - even because of - their useful properties, perfluorinated chemicals ("PFCs") are increasingly thought to be dangerous for the environment, and potentially humans. PFCs are manmade substances with the ability to repel both water and oils, and are responsible...
EPA Clarifies What Phase I Environmental Site Assessment Procedure Satisfies its All Appropriate Inquiries Rule
As most folks in the commercial real estate industry know, the Bona Fide Prospective Purchaser exemption from liability under the federal Superfund law is a very useful tool. Accordingly, a Phase I Environmental Site Assessment is standard practice for nearly every...
Tolling Agreements between PRPs Cannot Negate Settling PRP’s Entitlement to Benefit of its Settlement
After settling with EPA and having its settlement upheld in court, a potentially responsible party (PRP) is free from liability to all other PRPs given notice of that proposed settlement under the Comprehensive Environmental Response, Compensation and Liability Act...
Former Wolff-Alport Chemical Company is NYC’s Newest Federal Superfund Site
New Yorkers like to think their city is the biggest and baddest, and now there's another reason for those sobriquets: last month, the former Wolff-Alport Chemical Company site - less than 1,000 feet from a public middle school and a private day care center- earned the...
