Archives: Property Acquisition, Site Remediation & Brownfields Redevelopment

Subscribe to Property Acquisition, Site Remediation & Brownfields Redevelopment RSS Feed

USEPA Withdraws Direct Final AAI Rule Approving Use of ASTM E 1527-13

On October 29, 2013, as expected and reported in our prior frESH law blog, USEPA withdrew its August 15, 2013 direct final rule that had approved the use of new ASTM Standard E 1527-13 to satisfy the All Appropriate Inquiry (“AAI”) requirements.  The withdrawal was triggered by adverse comments, some of which expressed concern over … Continue Reading

USEPA Expected to Withdraw Direct Final Rule Approving Use of Phase I ESA Standard ASTM E 1527-13 for AAI After Receiving Adverse Comments

Due to adverse comments received prior to the September 16, 2013 comment deadline, USEPA is expected to soon withdraw its August 15, 2013 direct final rule approving use of new ASTM Standard E 1527-13, “Standard Practice for Environmental Site Assessments:  Phase I Environmental Site Assessment Process” to satisfy the All Appropriate Inquiry (AAI) requirements.  In … Continue Reading

Biodiversity Offsetting in the UK – Streamlining Planning or Trashing Nature?

According to a keynote speech given last week by the Chancellor of the Exchequer, George Osborne, the UK economy is turning a corner towards recovery and the construction industry is playing a significant role in the nascent upturn.  However, one of the challenges for the government is how to encourage property development without compromising the … Continue Reading

USEPA Approves Use of Phase I ESA Standard ASTM E 1527-13 for AAI

On August 15, 2013, USEPA published a direct final rule in the Federal Register approving use of new ASTM Standard E 1527-13, “Standard Practice for Environmental Site Assessments:  Phase I Environmental Site Assessment Process” to satisfy the All Appropriate Inquiry (AAI) requirements under Section 101(35)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)  and set forth in 40 CFR … Continue Reading

Up the Creek? Flood risk insurance update

Flooding has become an increasing widespread property risk in the UK in recent years.  Flooding caused £400 million worth of damage in 2012 alone, and over 5 million properties in England and Wales are at risk of flooding (that’s almost 1 in 6 properties). The insurance industry’s 2008 Statement of Principles (Principles) set out a … Continue Reading

First Appellate Court Ruling on Superfund Bona Fide Prospective Purchaser Defense Highlights Risks of Post-Acquisition Conduct

In the first appellate court ruling to address the post-closing obligations of a party asserting the Superfund bona fide prospective purchaser (BFPP) defense, the U.S. Court of Appeals for the Fourth Circuit affirmed that a South Carolina brownfields developer forfeited the defense because of its failure to exercise due care with regard to existing contamination. … Continue Reading

USEPA Expands Enforcement Guidance To Protect More “Bona Fide” Tenants Under CERCLA

On December 5, 2012, USEPA issued revised guidance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that expands protections for tenants that might otherwise be held liable for cleanup and remediation costs at leased properties.  This guidance[1] replaces USEPA’s prior 2009 guidance.  When Congress amended CERCLA with the Superfund Amendments and Reauthorization Act … Continue Reading

A Growing Circuit Court Consensus: CERCLA Limits Recovery Options for Compelled Superfund Cleanup Costs

The US Court of Appeals for the Eleventh Circuit has joined a growing chorus of courts holding that parties who incur Superfund cleanup costs under a judicial consent decree or administrative consent order with a governmental entity are limited to pursuing a claim for contribution, and cannot assert a claim for cost recovery. The Eleventh … Continue Reading

PRPs Are Changing Their Approach to Defending Natural Resource Damages Claims

Potentially responsible parties (PRPs) are changing their approach to defending natural resource damages (NRD) claims brought by public entity trustees. In the face of enormous potential liability, PRPs appear to be taking a more proactive approach to restoration of natural resources and natural resource trustees, rather than engage in the more traditional course of lengthy … Continue Reading
LexBlog