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UECA deadline for conversion of deed restrictions fast approaching
  • Fox Rothschild LLP
  • USA
  • January 4 2013

Brownfield developers have been living with the Uniform Environmental Covenants Act (UECA) in Pennsylvania since it became effective in February 2008. At

New EPA guidance regarding tenants as bona fide prospective purchasers
  • Taft Stettinius & Hollister LLP
  • USA
  • December 20 2012

On December 5, 2012, the U.S. Environmental Protection Agency ("EPA") released a new guidance document entitled "Revised Enforcement Guidance Regarding

EPA extends CERCLA liability protection for tenants
  • Winston & Strawn LLP
  • USA
  • December 28 2012

In December 2012, EPA issued revised enforcement discretion guidance regarding the applicability of the bona fide prospective purchaser (BFPP) defense to

Oregon adopts rules for authorizing remediation and restoration activities in state-owned waterways
  • Stoel Rives LLP
  • USA
  • June 24 2013

On June 11, the State Land Board adopted the Oregon Department of State Land's (DSL) rules that will require DSL authorization and a compensation fee

New liability protection for tenants on brownfield properties
  • Pepper Hamilton LLP
  • USA
  • January 8 2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for

Energy disclosures for California nonresidential buildings
  • Greenberg Traurig LLP
  • USA
  • June 25 2013

Executive Summary Starting July 1, 2013, new energy use disclosure requirements will require an owner of nonresidential California buildings1 to

Citizens for Ceres v. Superior Court: new California Court of Appeal opinion addressing privilege issues in connection with review under California's Environmental Quality Act will have lasting impact on litigation involving land use entitlements
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • July 26 2013

Effective environmental review of a real estate development project under the California Environmental Quality Act ("CEQA") often requires that the

New EPA guidance broadens tenant protections at brownfield sites
  • Smith Gambrell & Russell LLP
  • USA
  • February 4 2013

In response to concerns that liability protection for tenants was not clear enough to encourage development of renewable energy on brownfield sites

Can a tenant occupy contaminated property and be protected from superfund liability?
  • Seyfarth Shaw LLP
  • USA
  • December 10 2012

To promote brownfield development, in 2002, the Congress provided the Bona Fide Prospective Purchaser defense under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), Section 101(40)(A)-(H

Post-closing diligence when buying or selling contaminated property
  • Taft Stettinius & Hollister LLP
  • USA
  • December 7 2012

Post-closing diligence is critically important when buying or selling environmentally-contaminated property