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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 […]

Top 5 Mistakes Buyers Make During Environmental Due Diligence (and How to Avoid Them)

Thu Jul 17th, On Environmental Law, by

For prospective buyers of commercial and industrial real estate, conducting environmental due diligence is a critical step in the transaction. It is not only a best practice to ensure informed decision-making, but also a key tool for mitigating liability, particularly when guided by a California environmental attorney. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), buyers that conduct “all appropriate inquiries,” or “AAI,” and meet other applicable requirements […]

How to Protect Yourself from Environmental Liability: Key Legal Defenses for Landowners and Developers

Mon Jun 30th, On Environmental Law, by

Environmental liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) poses significant financial risks to landowners and developers. Landowners’ and developers’ liability under CERCLA has the potential to be substantial, and the Environmental Protection Agency (EPA) vigorously pursues enforcement actions under CERCLA when warranted. When facing EPA scrutiny, it is crucial to collaborate closely with an experienced California environmental litigation attorney to develop an informed defense strategy. While […]

Brownfields and Beyond: What the 2002 Amendments Mean for Today’s Real Estate Investors

Mon Jun 23rd, On Environmental Law, by

The Environmental Protection Agency’s (EPA) Brownfields Program provides opportunities for real estate investors to revitalize properties that have been disused due to environmental contamination. At the same time, however, the liability provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can pose substantial risks for those who invest in contaminated properties. Amendments to CERCLA that were enacted in 2002, which remain relatively unknown and underutilized, provide key […]

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