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ASTM 1527-05 was the first ASTM standard recognized by U.S. EPA as meeting the requirements of the "All Important Inquiries Rule." (AAI)   AAI sets forth the standards and practices necessary for fulfilling the requirements to obtain liability protection (i.e. bona fide purchaser defense) under CERCLA section 101(35)(B).  Most Phase I proposals reference 1527-05.  …

Often times businesses only worry about performing due diligence (Phase Is and Phase IIs) when they are purchasing a building, factory or land.  In my experience, many tenants never think about the fact that they could inherit liability for pre-existing contamination just by leasing property.  However, tenants, particularly those that are leasing industrial space, should…

Owners of small business form corporations, in part, to insulate themselves from personal liability. A recent trend in Ohio is that the State has become far more aggressive in pursuing owners of small businesses personally in environmental enforcement actions.

A business owner could still be pursued even if the corporate formalities were followed.  More and…

With regard to industrial properties and brownfields clean ups, perhaps no issue clean up standard has garnered more attention and increased scrutiny than indoor air.  It looks like 2012 could be the year when EPA finally updates its decade old draft guidance. 

EPA never finalized its 2002 draft guidance on assessing indoor air risks ("OSWER Draft Guidance for Evaluating the…

The contractual language appearing in purchase or lease agreements for industrial property is critical.  I have seen a number of contracts that were fraught with vague terms or even silent on liability allocation.  Those contracts now define the company’s liability exposure.   Protections the company thought they may have are either non-existent or in question.  

That is why it is…

There has been much discussion regarding the use of Land Banks to assist in addressing the aftermath of the foreclosure crisis.  Here is an excerpt from the Cleveland Plain Dealer discussing the County’s recently launched non-profit corporate land bank:

Formally launched by the county in April, the new, nonprofit land bank is the first of

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