We have previously discussed Ridge Seneca Plaza, LLC v. BP Prods. North America, No. 6:06-cv-06333 (W.D.N.Y. 3/28/11) where the federal district case from the western district of New York ruled that a purchaser could not bring a malpractice claim against a consultant who had been retained by a bank. . We picked this case because it […]
2nd Circuit Affirms Dismissal of Negligence Claim Agst Consultant Read More »
Earlier this year, we discussed the federal district ruling in Orix Capital Markets, LLC v Cadlerocks Centennial Drive, LLC, 2013 U.S. Dist. LEXIS 48424 (D. Mass. 4/2/13) where a special servicer was allowed to pursue a guarantor despite the presence of an environmental insurance policy and was awarded over $100K in environmental investigation costs. This
CMBS Special Servicer May Not Recover VI Test Costs Under Environmental Indemnity Read More »
One of the key challenges facing purchasers of contaminated property is that the Bona Fide Prospective Purchaser, Contiguous Property Owner and Innocent Purchaser liability protections that are available under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and similar state laws are self implementing. While EPA may occasionally enter into a
NYC OER To Issue Environmental Review and Assessment (ERA) letters Read More »
Storage tanks used for the storage of heating oil for on-site consumptive use are excluded from federal underground storage tank (UST) program. However, a number states including New York regulate heating oil tanks. There are approximately 3 million residential heating oil tanks in New York State. While home heating oil tanks for single family homes
New York’s Quirky Rules for Heating Oil Storage Tanks Read More »
On November 6th, ASTM announced that it has published its E1527-13 Phase 1 Standard for Environmental Site Assessments. Upon publication of a new ASTM standard, the prior version becomes obsolete. In a normal transition, environmental consultants would transition to using the new E1527 version like they did with the E1527-94, E1527-97 and E1527-00. However, this is not
Should Consultants Use ASTM E1527-13 Prior to EPA Recognition? Read More »
The New York State Department of Environmental Conservation (NYSDEC) recently announced that it had added approximately 1,950 sites to its Environmental Site Remediation Database Search database of sites that are subject to one of the agency’s remedial programs. The NYSDEC said it was adding these additional sites to facilitate real estate transactions and address the
NYSDEC Adds New Categories of Sites To Database To Chagrin of Some Property Owners Read More »
State statutes of limitations (SOL) establish the time period when an injured party may bring a lawsuit seeking compensation for damages. In general, the SOL “clock” will start when a claim “accrues” (e.g. when all of the required elements of the cause of action have been satisfied. Because of the long latency period between exposure
CERCLA “Discovery Rule” Playing Important Role in Toxic Tort Cases Read More »
Some time ago, we discussed the $14MM lawsuit filed by Lowe’s Home Centers against a consultant. Lowe’s alleged that the consultant failed to identify all areas that had been contaminated with PCBs and the store opening was delayed because of complications associated with the previously unknown PCB-contaminated soil was improperly disposed. The matter eventually settled Another
Ct Allows Claim Agst Consultant For Missing Contamination at Lowe’s Site To Proceed Read More »
Commercial property owners and asset multi-family buildings usually retain property managers firms to handle the daily operations of properties ranging from leasing, record-keeping, routine maintenance and emergency repairs. We previously discussed on how the importance of property managers understanding environmental issues, particularly the nuances of the requirements heating oil tanks for multi-family buildings. A recent New
NJ Shopping Center Owner Waits Too Long to Bring Spill Act Claim Read More »
Many environmental lawyers, consultants and professional organizations were deeply disappointed when EPA bowed to pressure from other government agencies and severely weakened the definition of Environmental Professional (EP) in its “All Appropriate Inquires” (AAI) rule that was published on November 1, 2005. The EP definition in the proposed AAI rule included minimum levels of education
Time to Revisit AAI EP Definition? Read More »