REC

Court Finds Triable Issue If Purchaser Can Assert Innocent Landowner Defense Due To Flawed Phase 1

CERCLA, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Underground Storage Tanks, vapor intrusion / By

Some of the more interesting CERCLA cases involve lawsuits between current and former property owners. Usually, the current owner assumes it qualifies as bona fide prospective purchaser (BFPP) or for the Innocent Landowner (ILO) Defense and sues the defendant/former owner for cost recovery. The defendant/former owner invariably files counterclaims alleging the current owner/plaintiff is not […]

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Court Allows Breach of Contract Claim Against Environmental Consultant for Inadequate Records Search to Proceed

Brownfields, CERCLA, consultant malpractice, Environmental Due Diligence, Hazardous Waste, Underground Storage Tanks / By

Much of the focus of the 2021 revisions to ASTM Phase 1 Environmental Site Assessment Standard E-1527 was to clarify the custom and practice for performing historical investigations-particularly for adjoining properties. Unfortunately, for an architectural firm that dabbled in the phase 1 marketplace these clarifications came too late. In Hathaway Homes, Phase II Limited Partnership

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