The Cost of Ignorance: Available Tools

Laura Malone. The following Article is based on comments given by Laura Malone at “Saving the Deal: Avoiding and Minimizing Environmental Liability in Corporate and Real Estate Transactions,” a continuing legal education seminar. The information contained below is a summary…
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Defenses to Liability Under CERCLA

Kenneth A. Hodson & Charles H. Oldham. This article discusses potential liability under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”) and certain defenses thereto including the Bona Fide Prospective Purchaser (“BFPP”) defense. Under…
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The Cost of Ignorance: Contaminated Property Redux

Jim Derouin. “Environmental Law” is, on the one hand, a phenomenon—an active, sometimes frenetic, area of the law for the last forty years. On the other hand, it is an ages-long reaction of civilization to, variously, preserve, protect, use and/or…
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Federal Environmental Laws Affecting Real Estate: A Review of Clean Water Act Section 404, the Endangered Species Act, the National Environmental Policy Act, and Section 106 of the National Historic Preservation Act

Robert D. Anderson, Norm James, Dawn Meidinger & Greg Adams. Standard practice for conducting due diligence as part of real estate transactions has long included an assessment of the potential for a site to have “recognized environmental conditions,” i.e., hazardous…
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Secured Creditors: Exempt from Liability?

Bert Acken. Secured creditors can be exempted from liability for contamination from properties for which they hold security interests under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), the Underground Storage Tank (“UST”) program under the Resource Conservation and…
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Volume 45 (2013) Fall Issue

FIFTY: Shades of Grey—Uncertainty About Extrinsic Evidence and Parol Evidence After All These UCC Years David G. Epstein | 45 Ariz. St. L.J. 945 (2013) POSTED: Notice and the Right to Exclude Richard M. Hynes | 45 Ariz. St. L.J. 949 (2013) ORPHANED POLLUTION…
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