The foreclosing lender in Hoang v. California Pacific Bank, 2014 Cal. App. Unpub. LEXIS 5230 (July 23, 2014) made some curious decisions and the result was the bank was ordered to pay damages to the purchaser that exceed the sales price of the property. The irony is that the lender probably complied with the CERCLA […]
After a little more than six months after ASTM issued its new E1527-13 Phase 1 standard practice, problems are emerging over the new definition Controlled Recognized Environmental Condition (CREC) definition. The difficulties are related to the definition itself and differences among state environmental programs. Before discussing the CREC problems, a little background might be helpful
Problems Emerge with New CREC Definition Read More »
Earlier this week, Governor Cuomo sent his sweeping BCP reforms to the State Legislature. Under the state Constitution, the Governor has 30 days to make technical amendments to his budget legislation without involving the legislature. Despite vociferous complaints by brownfield developers, environmental lawyers and affordable housing advocates about the severe curtailments to the categories of projects
NY Governor Sends Revised BCP Reform Bill to Legislature Read More »
On December 30th, the federal Environmental Protection Agency (EPA) published a final rule in the Federal Register (78 FR 79319) recognizing the new ASTM E1527-13 phase 1 standard practice as an approved method for complying with the All Appropriate Inquires (AAI) rule. As explained below, while the preamble to the final rule is an improvement to
A federal district court ruled that methane migrating from a closed landfill to a residential development project constitutes an imminent and substantial endangerment under section 7002 of the Resource Conservation and Recovery Act in Marcas, L.L.C. v. Bd. of County Comm’rs,2013 U.S. Dist. LEXIS 104380 (D.Md. 7/25/13). The court also followed an emerging trend and
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 »
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 »
The New York State Department of Health (NYSDOH) recently reduced its air guideline value for PCE from 100 to 30 micrograms per cubic meter of air (30 mcg/m3). Three other ways of expressing the new guideline are 0.03 milligrams per cubic meter of air (0.03 mg/m3), 4.4 parts per billion (ppb) or 0.0044 parts per
NYDOH Lowers PCE Recommended Action Level For Vapor Intrusion Read More »
In the latest installment of the saga involving the infamous Ujima Village Apartment complex that was abandoned because of vapor intrusion from a former petroleum storage facility, a California appeals court ruled in Doris Alexander v. ExxonMobil, 2013 Cal. App. LEXIS 768 (Ct. App.-2nd Dist. 9/24/13) that a trial court improperly dismissed a group of
Cal Appeals Ct Revives VI Toxic Tort Case Read More »
We previously discussed the RCRA lawsuit filed by a bank that had foreclosed on a residential property that turned out to be impacted by contamination from an adjacent dry cleaner in Forest Park National Bank v Ditchfield. The bank had alleged that vapors migrating from the contaminated groundwater and soil constituted an imminent and substantial endangerment
Dry Cleaner Settles Foreclosing Lender RCRA Action Read More »