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Hazardous Substances Contaminated Properties Property Owners

Fox Rothschild LLP

New Hampshire Adds PFAS to Real Estate Sellers’ Mandatory Notifications

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In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more

Beveridge & Diamond PC

Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

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The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect...more

Verrill

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

Verrill on

​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

Pillsbury - PFAS Observer

The Long Road to PFAS Regulation

In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Schwabe, Williamson & Wyatt PC

Norlander v. Caldwell: Five Lessons for Plaintiffs Seeking Cost Recovery Under MTCA

In late 2019, the King County Superior Court issued a decision in Norlander v. Caldwell, Case No. 18-2-05702-7 SEA, which serves as a cautionary tale for plaintiffs seeking to recover remedial action costs under Washington’s...more

Beveridge & Diamond PC

MTCA: A Citizens’ Initiative Shaped by Agency Action

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Beveridge & Diamond PC

Washington’s Model Toxics Control Act: Thirty Years and Counting

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Bradley Arant Boult Cummings LLP

CERCLA and the Superfund Task Force: The more things change, the more they stay the same? - Thomson Reuters Westlaw

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA/Superfund Action: Federal Court Addresses Owner/Operator Issue

A United States District Court (Eastern District of California) addressed in a June 27th decision an issue involving the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) terms “Owner” and...more

Perkins Coie

Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law Liability

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In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court...more

Williams Mullen

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

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The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

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