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Posts tagged "superfund"

Third Circuit CERCLA Case Highlights Perils Of Bargain Hunting For Contaminated Land

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5 Things You Should Know About Phase I Environmental Site Assessments

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Tenant Liability Exemption under CERCLA Broadens in 2018 Congressional Appropriations Law

Second Circuit Affirms Dismissal of Onondaga Lake Contamination Suit Citing Federal Preemption

2018 07 11 Honeywell CERCLA Preemption Blog Image (JR).jpgEven the best factual cases are no match for the principle of federal preemption, as residents of Camillus, New York learned the hard way.

New York Federal Court Holds Consent Order Fails to Resolve CERCLA Liability, Allows Cost Recovery Action Under Section 107

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Supreme Court May Determine When Tenants Are Subject to "Ownership Liability" Under CERCLA

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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.

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 Circuit that chipped away at Superfund's general prohibition on legal challenges to ongoing removal or remedial actions.

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 purchase of commercial real estate because it helps to satisfy EPA's "All Appropriate Inquiries" requirement for obtaining BFPP status and avoiding the often harsh liability associated with Superfund. 

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