Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), various parties can potentially be held liable for cleanup costs (among other costs) associated with property contamination. This is true regardless of whether these parties were the original source of the contamination at issue. However, various exemptions and defenses to CERCLA liability may apply—including the secured creditor defense for lenders that finance the acquisition of contaminated properties. Learn more from […]

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Environmental due diligence is a key aspect of any commercial real estate transaction. In an ideal scenario, the buyer’s environmental due diligence will confirm (with a reasonable degree of certainty) that there are no contamination issues associated with the property, and this will allow all parties involved to move forward with confidence. Buyers can engage a California environmental attorney to assist with their due diligence—including conducting Phase I and Phase […]

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Earlier this year, the U.S. Supreme Court issued a significant decision that could have far-reaching implications for various types of Environmental Protection Agency (EPA) enforcement proceedings. While the case under review did not involve environmental issues—instead, it involved allegations that the defendant sent unsolicited advertisements via fax in violation of the Telephone Consumer Protection Act (TCPA)—the Court’s decision is broad enough that it could impact the enforcement of various environmental […]

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The U.S. Department of Defense will have until October 2026 to remove aqueous film-forming foam (AFFF) from its facilities and discontinue its use in portable firefighting equipment. The prohibition of AFFF, which contains toxic compounds known as per- and polyfluoroalkyl substances (PFAS), was a stipulation in the Department’s fiscal year 2020 appropriations bill scheduled to take effect in October 2024. The Department used a waiver in August 2024 to push […]

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