institutional controls

NYSDEC Proposes to Require Financial Assurance for Certain State Superfund and Brownfield Sites

Hazardous Waste, New York Brownfield Cleanup Program, NY State Superfund / By

The New York State Department of Environmental Conservation (NYSDEC) has released for public comment a draft guidance that would for the first time establish Financial Assurance (FA) for certain state Superfund and Brownfield programs  sites with remedies that require Operation, Maintenance and Monitoring (OM&M). The proposed DER #41 Proposed Guidance would apply to superfund and brownfield […]

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Environmental Liability and “Fractional” Property Interests

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence / By

Last week, we discussed due diligence for transactions involving purchases of equity interests in entities that own property that are in technical default of the mortgages. This post discusses potential environmental liability for fractional ownership interests in the underlying property. First year saw students are taught in Real Property Class that property ownership consists of

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