Tag Archives: Environmental

(US) Property Owners: Don’t pay for the same work twice. A discharge from liability to subcontractors under CERCLA

On March 18, 2014, the United States Court of Appeals for the Second Circuit decided that under the federal environmental cleanup law known as the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") (42 U.S.C. §9607), a subcontractor cannot recover the value of unpaid work directly from a landowner if the landowner has already paid … Continue Reading

(US) Brownfield Owners and Developers Take Note: EPA Issues New Guidelines Emphasizing and Strengthening Institutional Controls

This post was written by Edward V. Walsh III. Brownfield developers and owners of contaminated property contemplating a cleanup should take note of two important guidelines issued by the U.S. EPA. These guidelines recommend early consideration of the use of institutional controls (legal documents such as deed restrictions, restrictive covenants and the like) in planning … Continue Reading
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