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Results: 1-10 of 566

Ashley II holdings require caution

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • May 10 2013

On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No

Fifth Circuit shuts down climate tort plaintiffs again

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • May 20 2013

Climate tort plaintiffs cannot catch a break in the Fifth Circuit Court of Appeals. In a May 14, 2013, decision, the Fifth Circuit foundonce

CERCLA liability - current owner's inaction bars liability defense

  • Vorys Sater Seymour and Pease LLP
  • -
  • USA
  • -
  • May 6 2013

On April 4, 2013, the U.S. Court of Appeals for the Fourth Circuit held that a bona fide prospective purchaser's (BFPP) inaction with respect to

Federal Court of Appeals addresses Superfund liability of brownfield developers

  • Smith Gambrell & Russell LLP
  • -
  • USA
  • -
  • May 6 2013

In a case of first impression regarding brownfield developer liability under the Comprehensive Environmental Response, Compensation and Liability Act

Community associations & Maryland's new stormwater fees

  • Whiteford Taylor & Preston LLP
  • -
  • USA
  • -
  • May 1 2013

Maryland has new local stormwater fees that will be implemented in certain counties beginning July 1, 2013. All real property, including those owned

What matters: A review of 2011 and 2012

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

CERCLA’s bona fide prospective purchaser defense: new guidance from the courts

  • Taft Stettinius & Hollister LLP
  • -
  • USA
  • -
  • March 14 2011

After 30 years of CERCLA jurisprudence, most sophisticated purchasers know if they buy contaminated real estate, they may also acquire liability for remediating the property

Equal protection claims concerning disparate enforcement of environmental laws remain an uphill battle

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 17 2013

In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the

Detroit stormwater drainage fee

  • Honigman Miller Schwartz and Cohn LLP
  • -
  • USA
  • -
  • May 1 2013

The Detroit Water and Sewerage Department (DWSD) has begun to impose a storm water "drainage fee" on commercial land serviced by its sewer system

Developer liable to clean up pre-existing contamination for failing to exercise “appropriate care”

  • Honigman Miller Schwartz and Cohn LLP
  • -
  • USA
  • -
  • April 10 2013

A buyer of contaminated property was held to have lost its ability to claim to be a non-liable "bona fide prospective purchaser" under CERCLA because