July 2014

McDonald’s Labor Case May Have Environmental Law Implications

CERCLA, common law, Corporate and Real Estate Transactions /

Labor rulings have in the past served as precedent for eroding traditional corporate law doctrines and expanding liability of corporations. For example, the doctrine known as either Continuity of Enterprise or Substantial Continuity was used in the 1990s to impose successor liability for environmental contamination originated with a line of labor law cases dating back to […]

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Major CMBS Lender Requiring EPs to Perform Site Inspections

Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability /

We have previously discussed discussed here and in other forums how the All Appropriate Inquiries (AAI) Rule issued by EPA in 2005 is deeply flawed and has directly contributed to a worsening in the quality of phase 1 reports. This is ironic outcome since the reason EPA was instructed in the  2002 amendments to CERCLA  to issue

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OER Grants Available for Petroleum Assessments But Need to Move Quickly

Brownfields, CERCLA, New York Brownfield Cleanup Program, NYC OER, oil spills, Underground Storage Tanks /

The NYC Office of Environmental Remediation just announced that it has a little over $100K to award for petroleum assessments this summer. The source  of the grant money is the brownfield revolving loan fund that was awarded by EPA to OER under section 104(k) of CERCLA. The federally-funded grant may be used for phase 1 or

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Environmental Restrictions Now Fully Enforceable by NYC DOB

Corporate and Real Estate Transactions, Environmental Due Diligence, NYC OER /

In June, the NYC Department of Buildings (DOB) completed uploading into its Buildings Information System (BIS) approximately 200 Restrictive Declarations (RD) that can impose certain environmental obligations relating to hazardous materials. This action means that parties seeking building permits and certificates of occupancy for sites subject to RDs will have to demonstrate they have satisfied

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