CERCLA

EPA Issues Revised Guidance on Applicability of BFPP Protection To Tenants

Brownfields, CERCLA, Environmental Due Diligence /

EPA issued revised guidance discussing the potential applicability of the CERCLA Bona Fide Prospective Purchaser (BFPP) liability protection to tenants who lease contaminated or formerly contaminated properties. Revised Enforcement Guidance Regarding The treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Protection. The guidance supersedes EPA’s January 14,2009 guidance titled “Enforcement Discretion Guidance Regarding the Applicability […]

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Consultant Unable To Escape NJ Contaminated Fill Case

CERCLA, consultant malpractice, NJ Spill Act /

We have previously reported on how disposal of fill material tends not to be well-regulated. During the real estate bubble demand for aggregate was at a premium. Due to the scarcity and cost of aggregate or fill material, contractors often use pulverized construction debris from other construction sites as fill material. Despite the fact that

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PA Bank Agrees to Reimburse EPA For Removal Costs at Owned Property

CERCLA, Lender Liability /

We have previously discussed how banks can find themselves saddled with environmental liability from bank-owned properties they have acquired when they purchase assets of other banks. See Acquisitions Bring CERCLA Liability to Banks The latest example is In the Matter of Hamburg Mills Creek Superfund Site, Docket No. CERC-03-2013-004 where Wells Fargo agreed to reimburse

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Ohio Bank to Partially Reimburse EPA For Removal Costs Related To Defunct Borrower Facility

CERCLA, Hazardous Waste, Lender Liability /

An Ohio bank agreed to pay the United States EPA $8K in past response costs incurred by EPA to remove hazardous waste drums at a facility that had been owned by a defunct borrower. The amount the bank agreed to pay represented approximately 10% of the EPA’s response costs. The notice of the proposed Agreement

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NY District Court Misconstrues CERCLA “Facility” Definition

CERCLA /

In the 1980s and 1990s, judges usually began CERCLA cases discussing that CERCLA was a remedial statute that Congress intended to be broadly construed. Judges seemed afraid of the problem of toxic wastes and often uncritically accepted government arguments that cast a wide liability net that caught a wide range of defendants. Even in private

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Trustee Bank Agrees to Removal Action Settlement with EPA

CERCLA, Hazardous Waste, Lender Liability /

JP Morgan Chase Bank entered into a Settlement Agreement For Recovery of Past Response Costs (Settlement Agreement)  for a matter captioned In In The Matter Of Browning Lumber Company Superfund Site, Docket No. CERC-03-2007-0028D where the bank agreed to reimburse EPA for $1.28 million in removal costs incurred at a former wood processing facility rural Bald Knob,

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Bank Enters Into Settlement With EPA For Contaminated NY Site

CERCLA, Lender Liability /

EPA entered into a settlement agreement with the Bank of India (Bank) as part of an innovative settlement to facilitate the sale and reuse of an abandoned facility in Cortland, NY. The settlement was published in the today’s Federal Register .The proposed settlement is subject to a 30-day comment period. The settlement involves the Buckbee-Mears

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Georgia District Court Narrowly Construes Right of Cost Recovery

Brownfields, CERCLA, Environmental Due Diligence /

There is no polite way to sugarcoat the opinion of the United States District Court for the Northern District of Georgia in Stratford Holdings LLC v Fog Cap Retail Investors LLC and Footlocker Retail , Inc. , No 1:11-C-3463 (Sept. 17, 2012).This is a bad decision that reflects a fundamental misunderstanding of CERCLA. If followed

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Documerica Project Captures Environmental Images From 1970s

Air Pollution, CERCLA, Hazardous Waste, oil spills, Water Pollution /

New York City enjoyed classic fall weather last week with cloudless skies and crisp temperatures. Depending on how high your office or apartment was located, you could see all the way down to New York Harbor, see Yankee Stadium in the Bronx or Citifield where the Mets play. On days like these, it is hard

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Ct in MGP Case Awards Orphan Share For Civil War Era

CERCLA, Corporate and Real Estate Transactions /

When environmental lawyers explain the scope of CERCLA liability to property owners, we frequently tell them that they could be liable for all contamination at a property even that dating back to the Civil War. Of course, an southern attorney might refer to that 19th century conflict as the War Between the States or the

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