Proposed Revisions to SEQRA Regulations Currently Under Review

| January 2, 2013

During the summer of 2012, the DEC proposed its first substantive amendments to the State Environmental Quality Review Act (SEQRA) regulations since 1996. The DEC has explained that the amendments are meant to streamline the review process “without sacrificing meaningful review,” but the potential impact of the proposed amendments appears to be somewhat mixed. The proposed amendments center [...]

Migration of Contamination Does Not Automatically Create a Single “Facility” Under CERCLA

| December 12, 2012

A federal court in New York recently decided that the migration of subterranean contamination onto a neighboring property was not, by itself, a sufficient basis to hold a neighboring landowner jointly liable for remediation costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

Can Entering Into a CERCLA Consent Decree Preclude Subsequent Cost Recovery Actions?

| December 4, 2012

Congress enacted the Superfund Act, whose formal name is the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, in 1980 to promote the clean up (remediation) of properties, typically abandoned landfills or other sites, that had been contaminated by the disposal of hazardous materials. To further this goal, Congress cast a wide net and [...]

Environmental Due Diligence in Real Estate Transactions Blog Series: Part IV – Working with Environmental Consultants

| May 15, 2012

In our series highlighting the tools of environmental due diligence in real estate transactions, we’ve covered the basics of (1) what is “environmental due diligence,” (2) what are the important environmental provisions you need in a purchase and sale contract, and (3) what environmental investigations and audits you need to undertake after signing the contract.  [...]

Environmental Due Diligence in Real Estate Transactions Blog Series: Part III – Environmental Site Assessments and Compliance Audits

| May 7, 2012

So now you’ve selected your property and have a proper purchase and sale agreement in place; what do you do next?

Environmental Due Diligence in Real Estate Transactions Blog Series: Part II – Contract of Sale of Real Property

| April 18, 2012

In our first post in this blog series, we explained exactly what is meant by the term “environmental due diligence” in real estate transactions and discussed some of the “tools” of environmental due diligence.  In this post, we’ll cover in detail one of those tools: the contract of sale for real property.

Environmental Due Diligence in Real Estate Transactions Blog Series: Part I – Introduction

| April 10, 2012

This blog series is based on an article written by James J. Periconi and published in the Winter 2008 Bloomberg Corporate News Journal.  Mr. Periconi also discusses the details and the nuances of environmental due diligence of commercial real estate transactions in his bi-monthly continuing legal education course.  Although we’ve blogged about environmental due diligence [...]

Revised Standards for Phase II Environmental Site Assessments

| February 13, 2012

So far, in the Periconi, LLC Environmental Law Blog, we’ve discussed what to do before you purchase a contaminated property (see here) and what to do after you’ve purchased a contaminated property (see here), but there is a step that often takes place in between – i.e., between contract signing the closing on the purchase – [...]

So, You’re Interested in Purchasing a Contaminated Property (or a Parcel Next to a Contaminated Property): An Overview of Phase I Environmental Site Assessments

| February 7, 2012

We realized, while writing about the new “Continuing Obligations Standards” for contaminated properties (see here), that in order to give a comprehensive picture of what needs to be done if you’re thinking about purchasing a contaminated property, we need to start at the beginning: the Phase I Environmental Site Assessment.  This has to take place [...]

How to Insure You Get the Landowner Liability Protections under Superfund

| January 31, 2012

New guidelines published in 2011 assist landowners in insuring that they meet all the requirements — specifically the “continuing obligations” — to avail themselves of the landowner liability protections under the federal Superfund Act.