A statute of limitation (SOL) establishes the maximum time period for filing certain civil and criminal actions. The purpose of an SOL is to allow legal claims to be resolved within a reasonable amount of time while at the same time preventing fraudulent and stale claims after evidence has been lost or after the facts
NY Ct Says Contaminants Below MCL May Trigger SOL Read More »
Back in April 2011, the New York State Department of Health (NYSDOH) Environmental Laboratory Approval Program (ELAP) along with the NYSDOH Bureau of Occupational Health (BOH) along with the NYS Department of Labor (DOL) issued a list of frequently asked questions (FAQs) that are commonly received by the agencies regarding asbestos analysis. This FAQ List was
NYSDOH Issues New Guidance For Vermiculite Insulation Read More »
Carroll Co. v. Sherwin-Williams Co., 2013 U.S. Dist. LEXIS 47349 (D.Md. 4/2/13) involved a dispute over the cleanup obligations of a seller. This case illustrates the drawback of having of a seller complete a cleanup after closing. In December 2005, Carroll Company (Carroll) entered into an Asset Purchase Agreement to purchase a chemical blending and
Parties Battle Over Scope of Seller’s Post-Closing VCP Obligations Read More »
The decision in Revell v Guido, 956 N.Y.S.2d 343 (App. Div-3rd Dept. 2012) is another example of the limits of “as is” contracts when it comes to environmental issues. The doctrine of caveat emptor is still valid in commercial transactions but may not insulate sellers from liability when they make misstatements in environmental questionnaires or
NY Case Illustrates Dangers of Completing Environmental Questionnaires Read More »
What happens to a remediation escrow account when the funds are deposited in a bank that is subsequently closed and Federal Deposit Insurance Corp (FDIC) is appointed as a receiver? Some of the issues that need to be considered are illustrated in Kuruvilla Edukutharayil v. FDIC, 2013 U.S. Dist. LEXIS 8840 (N.D.Ill. 1/23/13). In this
Ct Allows Environmental Escrow Claim Agst FDIC To Proceed Read More »
A federal bankruptcy court authorized the owner of the upscale Marble Cliffs Crossing Apartments complex in Columbus, Ohio to install a methane gas remediation plan over the objections of the purchaser of the mortgage note, holding that the plan was necessary to protect the safety of tenants and was critical for preserving the value of
Methane Gas, an Apartment Complex and a Bankruptcy Filing Read More »
Back in October 2011, we discussed a failed $35MM development project where a bank sought damages from three environmental consultants for failing to anticipate methane gas problems at the development site. The plaintiff, BancorpSouth Bank, was a successor by merger to The Signature Bank that had financed the project. The project consisted of 150-acre site that
Ct Allows CERCLA Claim Agst Bank To Proceed In Methane Case Read More »
The twin rulings in Westwood Dev. Partners, LLC v. Draper, 2012 Del. Super. LEXIS 161, 2012 Del. Super. LEXIS 162 (Del. Super. Ct., Mar. 29, 2012) eluded our radar screen last year due to the end of the year crush of deals. While these rulings are admittedly a bit stale, we are sharing them since they provide
Parties Must Proceed To Trial on Meaning of “Satisfactory Phase 1” Contingency Read More »
What started out as a toxic tort lawsuit has evolved into a precedent-setting case involving the Indiana Real Property Transfer Law (RPTL) with a potentially fascinating Racketeer Influenced and Corrupt Practices Act (RICO) ruling waiting in the wings. The legal trade press focused much of its attention on the RCRA 7002 rulings handed down by
Ct Rules Indiana Real Property Transfer Law May Be Triggered By Historic Uses Read More »
A property owner was found liable under the New York Navigation Law for cleanup costs incurred by the New York State Department of Environmental Conservation (NYSDEC)responding to gasoline fumes that had migrated a quarter of a mile from the gas station. While the vast majority of the state’s costs were associated with the cleanup of
Landlord Liable For NYSDEC Costs Responding to Vapors at Off-Site Properties Read More »
