Tag Archives: Landowner Continuing Obligations

NAESIP and Terradex Introduce Brownfield Loss Control Services

Terradex’s exclusive loss control services support Gremesco’s Site Pollution Liability (SPL) coverage for owners and developers of brownfield properties subject to IC/ECs.

Forecasting an Engineering Control or Institutional Control Breach, A Study of Third-party Excavation Activity

Excavations by third-parties are inevitable near any cleanup site. Of concern to cleanup site managers, these unexpected events can breach institutional or engineering controls relied upon in a site’s cleanup remedy. Third-party excavators include utility companies, developers and contractors whose work is not part of the site cleanup process. Terradex completed an analysis of excavation […]

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) […]

Terradex Keeps Contaminated Soil Safely Managed

We often think of Institutional Controls (ICs) as prohibiting certain uses – for example, prohibiting groundwater use, prohibiting daycare or school, etc.  But often, and importantly, ICs help make sure that contaminated soil, when excavated,  is managed properly and isn’t, for example, carried away for use as “clean fill.”  For those who deal with ICs, […]

BNA to Host September 28th Webinar On Continuing Obligations

Two Terradex leaders, Bob Wenzlau and myself (Michael Sowinski), accompanied by Tim Haley of Barnes and Thornburg, will lead a September 28th, 2pm EST webinar, hosted by BNA.  Our main focus will cover the recently published ASTM E2790-11, “Standard Guide for Identifying and Complying With Continuing Obligations.”  This Guide provides industry consensus on good methods or “best practices” […]

Financial Health Monitoring of Institutional Control Property Owners

The long term success of Institutional Controls (ICs) and cleanup remedies is often only as strong as the financial health of new property owners.   This is why, along with its classic suite of land monitoring, Terradex LandWatch now monitors the financial health of contaminated property owners. When new owners take over IC sites or residually […]

BNA Insider Reports on ASTM Guide Publication

The Bureau of National Affairs (BNA) within their Environmental Due Diligence Guide featured an Insider’s Perspective on the ASTM released guide for Continuing Obligations.  Terradex is grateful for BNA’s coverage of this guide and especially the attention provided by their reporter Mary Ann Grena Manley. This coverage by BNA builds the understanding of landowners as they […]

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. […]