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The ASTM Committee on Environmental Assessment, Risk Management and Corrective Action (E-50) revised its standard for conducting Phase I Environmental Site Assessments (ESAs)... On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action (E-50) revised its standard for conducting Phase I Environmental Site Assessments (ESAs). Phase […]

The U.S. Supreme Court has agreed to consider a closely-watched case involving liability under CERCLA The U.S. Supreme Court has agreed to consider a closely-watched case involving liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The questions in Guam v. United States involve the interaction between cost recovery claims under CERCLA section […]

NJDEP does not shield a landfill owner from lawsuits seeking contributions toward expenditures made by the Federal Government on the same Superfund site… A prior settlement with the New Jersey Department of Environmental Protection (NJDEP) does not shield a landfill owner from lawsuits seeking contributions toward expenditures made by the Federal Government on the same […]

NJ Court Makes Key Ruling Over Receipt of EPA Notice Letter Ruling on an issue of first impression in New Jersey, a New Jersey court has held in Cooper Industries LLC v. Employers Insurance of Wausau A Mutual Co. et al that receiving a General Notice Letter from the Environmental Protection Agency (EPA) pursuant to the […]

If you or your business has ever purchased real estate, you are likely familiar with the Phase I Environmental Site Assessment, which investigates the environmental conditions of the real property involved in the transaction. The Environmental Protection Agency (“EPA”) promulgated its standards for “All Appropriate Inquiries”  when it comes to buying real estate with the […]