Foreclosing Lender RCRA Action May Proceed

A federal district court  declined to dismiss a RCRA 7002 action brought by a foreclosing lender against the owner of an adjacent dry cleaner in Forest Park National Bank & Trust  v Ditchfield,  2012 U.S. Dist. LEXIS 103007(N.D. Ill. 7/24/12).  The court also granted summary judgment on the bank’s CERCLA cost recovery claim. One reason […]

Foreclosing Lender RCRA Action May Proceed Read More »

Split Decision for NJ Owner in Floodplain Case

In the wake of increased damage from storms as well as growing recognition of the environmental benefits of floodplains, states are increasingly limiting development in areas that are prone to flooding during storms. This regulatory trend sometimes conflicts with state and federal historic preservation programs where historic building may be located in areas that are

Split Decision for NJ Owner in Floodplain Case Read More »

NJ Lawyers Raise Concerns About Transparency of LSRP Program

On May 7, 2012, the New Jersey Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (SRRA) became fully effective. With limited exceptions, all site remediation projects in the state of New Jersey regardless of when work began must proceed under the supervision of a Licensed Site Remediation Professional (LSRP) and without New Jersey Department of Environmental

NJ Lawyers Raise Concerns About Transparency of LSRP Program Read More »

Obamacare Survives But Will CERCLA or RCRA?

A majority of justices found that the individual mandate of the Affordable Care Act violated the Commerce Clause  of the U.S. Constitution in National Federation of Independent Businesses v Sebelius. The Commerce Clause is the underpinning for the jurisdiction of the federal government to enact and enforce environmental laws such as CERCLA and RCRA. Thus,

Obamacare Survives But Will CERCLA or RCRA? Read More »

Environmental Liability and “Fractional” Property Interests

Last week, we discussed due diligence for transactions involving purchases of equity interests in entities that own property that are in technical default of the mortgages. This post discusses potential environmental liability for fractional ownership interests in the underlying property. First year saw students are taught in Real Property Class that property ownership consists of

Environmental Liability and “Fractional” Property Interests Read More »

NY Legislature Extends Brownfield Tax Credits

Both houses of the New York Legislature passed bills that would extend the sunset date for the brownfield tax from March 31, 2015 to December 31, 2015. Parties remediating sites in the Brownfield Cleanup Program (BCP) must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by that date to be able

NY Legislature Extends Brownfield Tax Credits Read More »

Due Diligence and “Recapitalization” Transactions

Many real estate fortunes were amassed following the savings and loan (S&L) crisis of the late 1980s when the Resolution Trust Corporation (RTC) sold loan portfolios owned by defunct S&L entities at what later proved to be distressed pricing. At the depth of the Great Recession, distressed asset firms quickly raised huge amounts of capital

Due Diligence and “Recapitalization” Transactions Read More »

District Ct Holds Vapor Intrusion Is Imminent and Substantial Endangerment

The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray, 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) is the latest example of how vapor intrusion has become a game changer for toxic tort and RCRA litigation. Vapor intrusion was the only potential exposure pathway since groundwater was not used

District Ct Holds Vapor Intrusion Is Imminent and Substantial Endangerment Read More »

Contamination at Heart of Litigation Over Failed Subdivisions

The Great Recession caused hundreds of residential development projects to ground to a halt. Not surprising, these failed projects have spawned lots of litigation. An interesting Maryland lawsuit involves allegations of fraud and misrepresentation of environmental issues at a development site, and has ensnarled a foreclosing lender. In U.S. Home v Settler’s Crossing, 2010 U.S.

Contamination at Heart of Litigation Over Failed Subdivisions Read More »

Scroll to Top