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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.’”.

Liability 156
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Bring on digital, online building permits!

DebunkTheBIM

However, once these drawings enter the project arena they tend to hang around for some time, often rebound and become a liability; This ‘detective game’ is probably most obvious when it comes to gaining approval by territorial authorities. Assessing documents for permits seems to be another status quo that cannot be improved.

Permits 48
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Environmental Regulations in Construction: What Contractors Need to Know

Levelset

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. NPDES permits are issued by states that have obtained EPA approval to issue permits or by EPA Regions in states without such approval.

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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. COVID–19 in Buildings is all about Ventilation. HREC in a Phase l is Not a Recognized Environmental Condition. Selling a House with Solar Panels is Fraught with Peril.

Maryland 156
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Supreme Court to decide Climate Change Case

Green Building Law Update

Those lawsuits primarily assert that the extraction, production, sale, and promotion of fossil fuels constitute a public nuisance and give rise to product liability under state common law and state consumer protection statutes; the plaintiffs are seeking relief largely in the form of compensatory and punitive damages.

Baltimore 207
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PFAS in a Phase I Environmental Site Assessment?

Green Building Law Update

And there is at least one place where there appears to be a complete disconnect, as I described last year in a post, Maryland the First State to Legislate Permitted Use of PFAS. 9601) and petroleum products.”. a substance defined as a hazardous substance pursuant to CERCLA 42 U.S.C.§9601(14),

Site 156