A federal court found there were triable issues if a purchaser qualified as a bona fide prospective purchaser (BFPP) because of alleged flaws in a phase 1 environmental site assessment. In Stratus Redtail Ranch LLC v. IBM, 2022 U.S. Dist. LEXIS 8723 (D. Col. 1/18/22), the plaintiff had acquired a 290-acre parcel of agricultural land […]
My article on the revisions to the ASTM Phase 1 Standard was published in April issue of The Practical Real Estate Lawyer.
My Article on the New ASTM E1527-21 Phase 1 Standard Read More »
A property owner failed in its bid to qualify as a CERCLA bona fide prospective purchaser because its phase 1 did not contain the environmental professional certification required by the section 40 C.F.R. § 312.21(d) of EPA’s All Appropriate Inquires (AAI) rule. In Von Duprin LLC v. Major Holdings, 2021 U.S. App. LEXIS 26726 (7th
Property Owner Fails to Qualify as BFPP Because Phase 1 Did Not Contain EP Certification Read More »
We have previously discussed the series of district court rulings in Voggenthaler v Maryland Square LLC where homeowners and the Nevada Department of Environmental Protection (NDEP) sued past and former owners of a shopping center and operators of a former dry cleaner because of a mile-long groundwater plume resulting from PCE spills from the dry cleaner
The United States Court of Appeals finally issued its much anticipated ruling in PCS Nitrogen v Ashley II of Charleston, 2013 U.S. App. LEXIS 6815 (4th Cir. 4/4/13) last week. However, the wait turned out to be much ado about nothing. The court affirmed the district court rulings but did not clarify perhaps the most
Fourth Circuit Affirms Ashley Rulings Read More »
EPA issued revised guidance discussing the potential applicability of the CERCLA Bona Fide Prospective Purchaser (BFPP) liability protection to tenants who lease contaminated or formerly contaminated properties. Revised Enforcement Guidance Regarding The treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Protection. The guidance supersedes EPA’s January 14,2009 guidance titled “Enforcement Discretion Guidance Regarding the Applicability
EPA Issues Revised Guidance on Applicability of BFPP Protection To Tenants Read More »
On May 7, 2012, the New Jersey Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (SRRA) became fully effective. With limited exceptions, all site remediation projects in the state of New Jersey regardless of when work began must proceed under the supervision of a Licensed Site Remediation Professional (LSRP) and without New Jersey Department of Environmental
NJ Lawyers Raise Concerns About Transparency of LSRP Program Read More »