For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more
Two related cases recently filed in the District of South Carolina federal court exemplify an upcoming area of potential liability related to Per- and Polyfluoroalkyl Substances, commonly known as “PFAS”. ...more
American environmental laws can be daunting for a foreign investor. For example, both federal and state laws can impose strict liability, which is liability regardless of fault or intent, on the owner or tenant of a...more
For the first time, EPA has proposed to add a property to the National Priorities List (“NPL”), otherwise known as the Superfund list, based solely on the risk of vapor intrusion. The NPL contains the worst contaminated,...more
A federal court recently found the City of Fairbanks, Alaska responsible for 55% of the remediation costs necessary to clean up property it used to own because it should have taken action to mitigate the harm or warn the...more