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Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq.,

Liability 149
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Tenants Order Phase l to Avoid Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 120
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Green Building Data Risk as an Opportunity

Green Building Law Update

Green buildings generate large quantities of data. In an age when many have opinions about Edward Snowden’s disclosures, foreign state sponsored hacking, and Uber’s massive customer data hack, most people have not considered matters of data protection from their real estate, green building or otherwise. Others collect building data.

Green 120
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Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 156
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I Just Read my 1000th Phase I Environmental Site Assessment this Year

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Site 156
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Updated Phase l Environmental Site Assessment is Published But.

Green Building Law Update

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law, something that is expected to happen by rulemaking at some point in 2022. Liability from old dry cleaners in retail sites that are beyond the boundaries of the “subject property” (.

Site 156
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Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

A group of 98 landowners sued Atlantic Richfield in Montana state court for common law nuisance, trespass, and strict liability, seeking restoration damages, which Montana law requires to be spent on property rehabilitation. Among the reasons this is a significant decision is the impact on widely utilized state Brownfields programs.

Claims 156