vapor intrusion

CMBS Special Servicer May Pursue Guarantor Despite Environmental Policy

ORIX Capital Markets, LLC v. Cadlerocks Centennial Drive LLC, 2013 U.S. Dist. LEXIS 6081 (D. Mass. 1/15/13) involved a relatively small commercial loan but offers lots of lessons for borrowers, their counsel and environmental consultants. In this case, Salomon Brothers Realty Corp. (Solomon) extended a ten-year loan in the amount of $1.925MM to Cadlerocks Centennial …

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Environmental Building Issues Following Hurricane Sandy

NY Building owners are grappling with a number of environmental issues associated with Hurricane Sandy. Following is a summary of the more common issues and regulatory initiatives announced by NYC Department of Buildings and the NY Department of Environmental Conservation (NYSDEC) to expediate cleanup and recovery efforts. Commercial and Residential Buildings With Flooded Basements/Parking Garages …

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Why the Fuss About VI When We Have Such a Radon Gas Problem?

Ten years ago this month EPA issued is draft Vapor Intrusion Guidance that altered the approach to site remediation. The guidance was issued following a couple of high profile sites where relatively low concentrations of volatile organic compounds in groundwater had apparently impacted indoor air in a large number of residences. These cases suggested the …

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Foreclosing Lender RCRA Action May Proceed

A federal district court  declined to dismiss a RCRA 7002 action brought by a foreclosing lender against the owner of an adjacent dry cleaner in Forest Park National Bank & Trust  v Ditchfield,  2012 U.S. Dist. LEXIS 103007(N.D. Ill. 7/24/12).  The court also granted summary judgment on the bank’s CERCLA cost recovery claim. One reason …

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Vapor Intrusion and Statutes of Limitations

Statutes of limitations (SOL) establish the time period for bringing a cause of action. SOLs are designed to encourage resolution of disputes within a reasonable period of time before facts or evidence is lost through the passage of time, death or disappearance of witness as well as the loss of memory. The SOL will differ …

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District Ct Holds Vapor Intrusion Is Imminent and Substantial Endangerment

The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray, 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) is the latest example of how vapor intrusion has become a game changer for toxic tort and RCRA litigation. Vapor intrusion was the only potential exposure pathway since groundwater was not used …

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Ct Grants Summary Judgment in Maryland Square Vapor Intrusion Case

We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada.  In the most recent ruling, the court granted the motion for summary judgment filed by the Nevada Department of Environmental Protection (NDEP) seeking cost recovery under CERCLA.  2012 U.S. Dist. LEXIS …

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Consultant Not Liable to Residents of Housing Complex For Not Identifying Vapor Risks

A California state court dismissed a negligence claim brought against an environmental consultant by residents of the infamous Ujima Village low income housing complex for failing to identify health risks associated with a former oil storage facility. The 300-unit Ujima Village complex had been constructed on a portion of the former 122-acre Athens Tank Farm …

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1993 EPA Memo Clarified CERCLA Jurisdiction For Indoor Contamination

Since vapor intrusion started to come into focus a decade ago, environmental consultants have been debating if vapor intrusion was covered by the standard phase 1 or needed to be specifically added to the phase 1 scope of work. This is not an academic discussion but a real concern to property owners and lenders who are …

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Montana Supreme Ct Allows Lawsuit To Proceed For 25 Year Old Plume

In what may be one of the more important common law pollution cases of the past few years, the Montana Supreme Court ruled that property owners may proceed with lawsuit alleging damages from contamination that has migrated from a railyard that had operated by Burlington Northern & Santa Fe Railway Company and its predecessors from …

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