Phase 2

Court Finds Triable Issue If Purchaser Can Assert Innocent Landowner Defense Due To Flawed Phase 1

CERCLA, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Underground Storage Tanks, vapor intrusion / By

Some of the more interesting CERCLA cases involve lawsuits between current and former property owners. Usually, the current owner assumes it qualifies as bona fide prospective purchaser (BFPP) or for the Innocent Landowner (ILO) Defense and sues the defendant/former owner for cost recovery. The defendant/former owner invariably files counterclaims alleging the current owner/plaintiff is not […]

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Continuing to Struggle with CERCLA liability, the 7th Circuit Holds that a Phase 2 ESA Satisfies AAI

CERCLA, Environmental Due Diligence, Hazardous Waste, vapor intrusion / By

The Court of Appeals for the 7th Circuit has long struggled with interpreting the scope of CERCLA liability, often issuing poorly-reasoned and inconsistent decisions. This trend continued with its recent opinion in Von Duprin vs Moran Electric Service, Inc., et al,  2021 U.S. App. LEXIS 26726 (7th Cir. 9/3/2021) where the court issued a number

Continuing to Struggle with CERCLA liability, the 7th Circuit Holds that a Phase 2 ESA Satisfies AAI Read More »

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