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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.

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Updated Phase l Environmental Site Assessment is Published But.

Green Building Law Update

I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. 9601) and petroleum products.”.

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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.

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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
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An HREC is Not a REC in a Phase I Environmental Site Assessment

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.’”.

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COVID 19 Commercial Building Liability

Green Building Law Update

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability law, but in most instances it is presumed that body of existing law will control. All of this begs the question if a business owner’s premises liability insurance covers such claims?

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COVID-19 Liability for Building Owners

Green Building Law Update

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability case law and in a number of jurisdictions new statutes are already limiting liability, but in most instances it is presumed the longstanding body of premises liability law will control.

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