Environmental Due Diligence

Freddie Mac Changes Radon and ACM Requirements for Multi-Family Phase 1 Reports

Environmental Due Diligence / By

Earlier this year, Freddie Mac recently clarified its environmental requirements for phase 1 reports issued for multi-family loans. The two key changes involve radon and asbestos. Excerpts for these two issues are below. The full text of the revisions are available from the link at the bottom of this post. Radon- Freddie Mac now requires […]

Freddie Mac Changes Radon and ACM Requirements for Multi-Family Phase 1 Reports Read More »

Demystifying Environmental Investigations To Clients

Environmental Due Diligence, New York Brownfield Cleanup Program / By

One of the more daunting tasks of environmental consultants and lawyers is to explain the environmental investigation and remediation process to clients and the public. Part of the problem is that many business people do not have a strong science foundation and may not understand some of the issues associated with environmental contamination. In addition,

Demystifying Environmental Investigations To Clients Read More »

Agency File Reviews- The Dark Secret of Phase I reports

Environmental Due Diligence / By

Documents in agency files can provide important information on the scope of contamination, how the contamination was assessed and other valuable information on the remedy/institutional controls. Thus, many clients expect that environmental consultants routinely review regulatory agency files when assessing potential RECs at a site. However, many phase 1 “commodity shops” or high volume firms

Agency File Reviews- The Dark Secret of Phase I reports Read More »

Claim For Contaminated Fill Barred By Statute of Limitations

common law, Environmental Due Diligence, Hazardous Waste / By

The movement and disposal of fill material from demolition sites tends not to be well-regulated. During the real estate bubble when demand for aggregate was at a premium, unsavory actors in the industry exploited the regulatory gaps. These companies would charge clients to dispose of contaminated fill, pocket the fees and then sell the materials

Claim For Contaminated Fill Barred By Statute of Limitations Read More »

GAO Report Discusses Concerns About Pipelines Used For Fracking Operations

Environmental Due Diligence, Fracking, oil spills / By

Approximately 2.5 million miles of pipelines transverse the United States carrying hazardous liquids and natural gas from producing wells to end users (residences and businesses). Many of these pipeline networks are aging while others such as natural gas gathering pipelines remain largerly unregulated. Moreover, development has encroached on many of pipelines that were formerly located

GAO Report Discusses Concerns About Pipelines Used For Fracking Operations Read More »

Court Rules Purchaser of Coal Plant Assets Acquired “Free and Clear” Is Liable For Pre-Closing NSR Violations

Air Pollution, Corporate and Real Estate Transactions, Environmental Due Diligence / By

A federal district court ruled that purchaser of a coal-fired power plant was held liable as a successor for violations of the New Source Review program that had occurred prior to the transaction. The court said the purchaser had expressly assumed the liabilities even though the order of the bankruptcy court approving the sale provided

Court Rules Purchaser of Coal Plant Assets Acquired “Free and Clear” Is Liable For Pre-Closing NSR Violations Read More »

Regulatory Re-Interpretation Triggers Contractual Indemnity

Air Pollution, Corporate and Real Estate Transactions, Disclosure of Environmental Liabilities, Environmental Due Diligence / By

Historical environmental compliance is critically important in corporate transactions especially when a business or facility may be subject to a regulatory programs that is evolving or subject to re-interpretation such as the New Source Review program. In such cases, the parties will try to contractually allocate the risks. Despite the fact that these agreements are

Regulatory Re-Interpretation Triggers Contractual Indemnity Read More »

Bankruptcy Discharge Bars Claim of Purchaser Agst Former Oil Well Operator

bankruptcy, Environmental Due Diligence, oil spills / By

In Shelton Property Rural Acreage, LLC v Placid Oil Co., 2011 U.S. App. LEXIS 16681 (5th Cir. 8/10/11), Placid Oil operated oil wells on leased property from 1942 to 1956. In 1986, Placid filed a chapter 11 bankruptcy proceeding. The bankruptcy court issued a confirmation order in 1988 that contained a discharge of all claims

Bankruptcy Discharge Bars Claim of Purchaser Agst Former Oil Well Operator Read More »

Statute of Limitations Bars Purchaser’s Claim For 1981 Pipeline Spill

Disclosure of Environmental Liabilities, Environmental Due Diligence, oil spills / By

In Carolyn Vickers Inc. v. Unocal Corp., 2011 Cal. App. Unpub. LEXIS 9642 (Ct. App-2nd Dist. 12/19/11), Alan Little Ventures (ALV) purchased a 4.1 acre tract of land in San Luis Obispo in 2005. The land had been subdivided into 17 lots by the sellers, Phyllis and Alex Madonna (the “Madonnas”), and was zoned for

Statute of Limitations Bars Purchaser’s Claim For 1981 Pipeline Spill Read More »

California Appeals Court Rules Reopening of NFA Letter Does Not Trigger Contractual Indemnification

common law, Corporate and Real Estate Transactions, Environmental Due Diligence, oil spills, Underground Storage Tanks / By

Anyone who has negotiated the purchase of a gas station is aware that these agreements are incredibly complex. The contracts have dense definitions, dependent and inter-related provisions, and grant broad discretion to the sellers in determining the scope and conduct of the cleanup. A buyer who does not retain an environmental attorney who has previously

California Appeals Court Rules Reopening of NFA Letter Does Not Trigger Contractual Indemnification Read More »

Scroll to Top