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
This post was also written by Nicholas Rock, Maricela Robles Garza, Alexandra Gordon, and Pryderi Diebschlag. It is common for our clients to require a short environmental indemnity in a property deal usually when the transaction is well advanced (and the due diligence is in) and often once the timetable is really compressed. Sadly there … Continue Reading
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
