Our
Insights

Category: Compliance Counseling

Digging for Insurance Coverage for Pre-1986 Environmental Contamination

Thu Jul 24th, On Compliance Counseling, by

Environmental cleanup liability can be costly, and in many cases, it stems from contamination that occurred decades ago, often before the current property owner ever acquired the site. Current and former owners of contaminated properties can face liability in both civil litigation and federal and state enforcement proceedings.  This article focuses on a frequently overlooked strategy for managing that liability: locating and pursuing coverage under pre-1986 insurance policies. Working closely […]

Don’t Get Stuck With the Bill: Understanding CERCLA Liability in Property Transactions

Mon Jun 16th, On Compliance Counseling, Environmental Law, by

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a federal statute that establishes requirements for cleaning up vacant and improved properties that have been contaminated with hazardous substances. Enacted in 1980 in response to concerns about widespread contamination within the chemical and petroleum industries, CERCLA continues to play a central role in environmental liability and cleanup responsibility today. With this in mind, investors seeking to acquire properties that […]

EPA Administrator Zeldin Unveils Sweeping Measures to Address PFAS Contamination

Tue May 27th, On Compliance Counseling, Environmental Law, by

On April 28, 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin unveiled sweeping measures to address per- and polyfluoroalkyl substance (PFAS) contamination in the United States. Commonly referred to as “forever chemicals,” PFAS have faced scrutiny (and been the subject of litigation) for several years, and EPA’s new measures are designed to both “stop these forever chemicals from entering drinking water systems,” and, “establish a clear liability framework that ensures […]

SEC Signals Intention to Encourage Increased ESG Investing, Possible Guidelines

Tue Nov 17th, On Compliance Counseling, by

The current SEC Commissioner, Allison Lee, recently signaled the agency’s desire to encourage financial institutions to consider environmental issues when evaluating their investments. Identifying climate change as a specific and increasing threat to the U.S. economy, the Commissioner called for more regulated disclosures of environmental, social, and corporate governance (“ESG”) risks, particularly with regard to financial institutions known to invest in fossil fuels. Lee identified climate change as a systemic […]

Categories

Subscribe

Our Areas of
Practice:

Litigation

Transactions

Compliance Counseling

Sustainability

Rulemaking and Legislative Practice