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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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Top 10 Environmental Blog Posts of 2020

Green Building Law Update

In descending order these are the posts that had the most traffic: COVID-19 Liability for Building Owners. Maryland is First State to Legislate Permitted Use of PFAS. The environment is a profit center for many of our clients and has been so, even in this year impacted by the pandemic.

Maryland 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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Environmental Regulations in Construction: What Contractors Need to Know

Levelset

Construction activity is incredibly intensive work — creating the built environment is inherently disruptive to the natural environment. Environmental laws provide the backbone for permitting and reporting requirements on construction projects, while a wide variety of state and municipal laws impose even stricter rules.

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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

The bill also establishes liability protections for MDE and the State. It is unclear how this impacts State enforcement of these toxic groundwater contaminants through the Clean Water Act and Safe Drinking Water Act as well as State liability? 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

The bill also establishes liability protections for MDE and the State. A water infrastructure “asset owner” must reimburse MDE for costs incurred, and a lien must be established for nonpayment under specified circumstances. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156