Tag Archives: brownfield

Brownfield Developer Fails to Meet BFPP Defense; Found Liable Under CERCLA for Removing Concrete Slab Above Contaminated Soil

This Saline, Michigan case adds another decision to similar recent cases such as Ashley II and Robertshaw, which assess whether current owners of contaminated property met CERCLA’s Bona Fide Prospective Purchaser (BFPP) defense.  It also showcases the interesting legal question concerning the relation between BFPP requirements to (1) take reasonable steps, after acquisition, to prevent “releases” and (2) […]

ASTM Publishes Continuing Obligations Guide

After years in the making and on the heels of two recent court decisions addressing “appropriate care,” ASTM published E2790-11, the “Standard Guide for Identifying and Complying With Continuing Obligations.”

Panel at Brownfields 2011 to Discuss Emerging Trends of IC Stewardship

A group of institutional control experts and state and local government experts, in a roundtable setting, will describe and compare thoughts about emerging trends in the IC institution, and particularly IC monitoring and stewardship, during an upcoming educational session at Brownfields 2011 – April 4th at 1pm.

Tracing the Evolution of the Phrase “Continuing Obligations”

A new “CERCLA Continuing Obligations” discussion group recently began in Linkedin – actually its a subgroup within the “Environmental Issues in Business Transactions” discussion group that Larry Schnapf manages.  Given this, it seemed right to quickly review how the phrase “continuing obligations” came into being and where its heading. It started with CERCLA’s Brownfield Amendments. […]

Michigan Amends Statute to Add New Institutional Control Continuing Obligations

For years, Michigan’s cleanup laws have set forth a fairly novel approach aimed at protecting new “nonliable” purchasers of contaminated property.  The legal and regulatory regime involves a characterization of the pre-purchase contamination as well as post-puchase “due care” procedures.  Last month, in December 2010, Michigan added institutional control (IC) compliance and management obligations to […]

Court Finds “Appropriate Care”

In 3000 E. Imperial, LLC, Plaintiff, v. ROBERTSHAW CONTROLS CO, et al. Defendants, No. CV 08-3985 PA, 2010 U.S. Dist. Lexis 138661 (C.D. Cal. Dec. 29  2010), a Federal District Court in California found a contaminated property purchaser to have exercised “appropriate care” and, in turn, to have satisfied the Bona Fide Prospective Purchaser (“BFPP”) […]

Ashley II Court Addresses the BFPP Defense

In the years I’ve spent helping to draft a Continuing Obligations Guide as part of the ASTM E50 Committee, my colleagues and I have often acutely noted (and perhaps lamented) that no court has ever directly addressed CERCLA’s Bonafide Prospective Purchaser (“BFPP”) defense.  Well now there’s a case.  In Ashley II of Charlseston LLC v. PCS Nitrogen, […]

U.S. Mayors Report Touts Brownfield Successes; Stays Silent on ICs

The United States Conference of Mayors recently published “Recycling America’s Land: A National Report on Brownfields Redevelopment.” The report highlighted the successes and benefits of brownfield redevelopment, but stayed silent on the use of Institutional Controls (ICs).  Of course many factors contribute to Brownfield successes but the important role of ICs, and their ongoing stewardship, ought […]

States Evaluate Institutional Control Monitoring and Oversight

States seek improved and efficient LUC monitoring.

Leading ASTM’s Continuing Obligations Practice Standard

In October 2005, Bob Wenzlau of Terradex was appointed Task Group Chair to build a practice standard for Landowner Continuing Obligations. When complete, the practice standards will systematically improve the long-term public and environmental safety at brownfields while limiting financial liabilities brownfield redevelopers. The Task Group includes participation from USEPA, state government, brownfield redevelopers, environmental […]