Property Transfers Among Family Members Do Not Negate Innocent Party Status For Remediation Funding Grants

The cost to remediate contaminated sites can be significant and the scope of liability under environmental laws is deliberately broad.  In many cases under theories of strict, joint and several liability, property owners inherit liability for environmental contamination caused by predecessor owners.  The affirmative innocent purchaser defense is intended to provide a mechanism to limit […]

Remediation Deadline Leads To Surge In Access Requests

 In an effort to meet the statutory requirement to complete “remedial investigations” by May 7, 2014, many responsible parties are aggressively seeking off-site access to adjacent and nearby properties to undertake remediation activities such as soil, groundwater and vapor sampling.  The Brownfield and Contaminated Site Remediation Act provides persons undertaking remediation with a statutory basis […]