Latest News From Bick Law LLP
Pre-Enforcement Review in Environmental Law: When Companies Can (and Should) Challenge EPA Interpretations
Last month, we published an article on the U.S. Supreme Court’s recent decision in the case of McLaughlin Chiropractic v. McKesson. While this wasn’t an environmental case, as we discussed in the article, it nonetheless has the potential to significantly impact environmental enforcement in some cases. This is because of its implications for pre-enforcement review of the U.S. Environmental Protection …
What is a Bona Fide Prospective Purchaser (BFPP)?
The risks associated with buying contaminated commercial property can be substantial. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), buyers can face substantial liability for cleanup and remediation costs regardless of whether they were aware (or should have been aware) of an environmental hazard on the property. Fortunately, prospective buyers have a variety of options to mitigate these …
Failure to Report Contamination: Understanding the Potential Penalties and Deal-Related Consequences
Commercial property owners (and in some cases, other persons who cause, allow, or discover a release of hazardous substances) may be required to report certain environmental contamination events to the U.S. Environmental Protection Agency (EPA), as well as state and local agencies, under various circumstances. Not only can failure to report environmental contamination lead to steep penalties, but if a …