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Category: Environmental Law

McLaughlin Chiropractic v. McKesson: Implications for Pre-Enforcement Review in Environmental Law

Tue Sep 16th, On Environmental Law, by

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 […]

Deadline for Department of Defense’s Transition Away from PFAS Firefighting Foams Pushed Back Until October 2026

Thu Sep 11th, On Environmental Law, by

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 […]

Environmental Disclosure Laws in Real Estate: Your Legal Duty to Inform Buyers and Tenants

Fri Aug 15th, On Environmental Law, by

In California, real estate owners owe various legal duties to inform prospective buyers and tenants of environmental hazards on their properties. Noncompliance with these legal duties can expose owners to substantial liability, so it is essential to work closely with an experienced California environmental attorney to ensure compliance. Of course, in addition to disclosing environmental hazards, owners of commercial and residential properties may also be required to make various other […]

Pollution Liability Insurance: A Key Tool for Closing Commercial Real Estate Transactions

Thu Jul 31st, On Environmental Law, by

Most commercial general liability (CGL) insurance policies exclude coverage for pollution-related liability. This has been the case for nearly 40 years, since the insurance industry took steps to protect itself in the wake of the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). But, for prospective buyers who want to protect themselves, there are still options available. Learn more from the California contamination lawyers at Bick Law […]

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