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Phase l Environmental Site Assessment Standard Being Revised

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. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S. A de minimis conditions is not a recognized environmental condition.”.

Site 296
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PFOA Contamination is Found in 49 States

Green Building Law Update

Adverse health impacts from PFOA are being policed by the marketplace and enforced by the rule of law through these common law state tort liability suits. Troubling to some is that green building programs, including LEED’s Materials & Resources credits do not track or even take into account PFOA. Some suggest the U.S. In the U.S.

Liability 120
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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
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HRECs in a Phase l are Not Recognized Environmental Conditions

Green Building Law Update

By way of background, a Phase I environmental site assessment is the process of evaluating a property’s environmental conditions and assessing potential liability for contamination. History says, ‘see you later.’”. The presence of a REC can thwart a contemplated real estate transaction.

Liability 156
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PFAS in a Phase I Environmental Site Assessment?

Green Building Law Update

PFAS is very persistent in the environment and in the human body, meaning these chemicals don’t break down, accumulating over time, and as such have been referred to ‘forever chemicals’ making them an emergent environmental catastrophe. 9601) and petroleum products.”. a substance defined as a hazardous substance pursuant to CERCLA 42 U.S.C.§9601(14),

Site 156
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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. The bill also establishes liability protections for MDE and the State. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156
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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. The bill also establishes liability protections for MDE and the State. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156