Commercial property owners (and in some cases, other persons who cause, allow, or discover a release of hazardous substances) may be required to report certain environmental contamination events to the U.S. Environmental Protection Agency (EPA), as well as state and local agencies, under various circumstances. Not only can failure to report environmental contamination lead to steep penalties, but if a deal to sell the property is in the works, it […]

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The risks associated with buying contaminated commercial property can be substantial. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), buyers can face substantial liability for cleanup and remediation costs regardless of whether they were aware (or should have been aware) of an environmental hazard on the property. Fortunately, prospective buyers have a variety of options to mitigate these risks, including establishing their status as a bona fide prospective […]

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Last month, we published an article on the U.S. Supreme Court’s recent decision in the case of McLaughlin Chiropractic v. McKesson. While this wasn’t an environmental case, as we discussed in the article, it nonetheless has the potential to significantly impact environmental enforcement in some cases. This is because of its implications for pre-enforcement review of the U.S. Environmental Protection Agency’s (EPA) interpretation of certain federal environmental laws. This month, […]

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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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