One of the underpinnings of corporate law is that a purchaser of assets is not normally liable for the liabilities of the predecessor while a stock purchaser will take on the pre-existing liabilities. Courts have fashioned four exceptions to the no liability for asset purchaser rule. The exceptions are: express or implied assumption of liability […]
Ct Rules Existence of Seller Not Relevant For Successor Liability Read More »
A federal district court ruled that a Maryland county government was liable to a developer for damages resulting from the migration of landfill gas from a closed landfill to a planned development community. The court held that developer was entitled to recover response costs under CERCLA and that the subsurface migration of methane gas and VOCs
County Liable to Developer for Migration of Landfill Gas Read More »
As the nation slowly lifts itself out of the effects of the Great Recession, lenders are beginning to increase the pace of foreclosures on commercial properties. The volume of foreclosures is likely to significantly increase during the next few years as the loans that were originated during the height of the credit bubble become due.
Foreclosing Banks Increasingly Using Environmental Insurance For Sales Risks Read More »
The amount parking that was necessary for a regional mall/mixed-use project was at the heart of a lawsuit involving a wetlands permits issued by the Army Corps of Engineers (Corps). In Sierra Club v. Van Antwerp, 2011 U.S. App. LEXIS 23736 (D.D.C 11/29/11), the Corps issued a permit in 2007 authorizing the filling 54 acres
Wetlands Case Centers on ROR and Amount of Parking Read More »
Federal and state underground storage tank (UST) programs impose closure obligations on the owners or operators of USTs that are taken out of service. If the tanks are to be inactive for a short period of time (the time period varies depending on the state), the tanks must comply with temporary closure requirements. Owners or
NY Ct Says Former Tenant Liable For Abandoned Tanks As Trade Fixtures Read More »
The Covenants, Conditions and Restrictions (CC&R) in the master declaration for the Tesoro del Valle homeowners association (Tesoro) recorded in 2003 provided that homeowners must obtain approval from the Architectural Control Committee (ACC) before making any improvements. Tesoro later approved Design Guidelines that included architectural standards for solar energy systems. In 2005, defendant purchase their
California Court Upholds Solar Energy Restrictions of Homeowners Association Read More »
In a case that may have implications for fracking operations, a federal district court for the western district of Virginia allowed property damage claims to proceed against a coalbed methane operator. In C.J. Ritter Lumber Co., Inc. v Consolidated Coal Co., 2011 U.S. Dist. LEXIS 95131 (W.D. Va. 8/25/11), the plaintiff entered into coal leases
Claims Against Coalbed Methane Operator Allowed to Proceed Read More »
It seems like there were a lot of cases in 2011 involving commercial properties impacted by methane gas from former landfills. A recent case involved a novel question if the owner of a hotel damaged by methane gas migrating from a landfill could seek administrative claim status in a chapter 7 bankruptcy case. In the
No Administrative Claim For Hotel Damaged By Methane from Bankrupt Landfill Operator Read More »
We have discussed in prior posts that New York courts have broadly construed the definition of a “discharger” under the New York Navigation Law. Even owners of property with inactive underground storage tanks (USTs) have been held liable as “dischargers” despite the fact they may have not known about the tank much less exercised any
Tenant Not Liable For Inactive UST Shared With Adjacent Property Read More »
EPA recently published notice of two proposed prospective purchaser agreements (PPAs) . PPAs had been a critical tool for brownfield development prior to the 2002 CERCLA amendments that added the bona fide prospective purchaser (BFPP) defense. Following the 2002 amendments, EPA issued guidance that indicated that the agency would only issue PPAs in special circumstances since the BFPP was
Recent EPA PPAs Require Financial Assurances Read More »