The monster in the closet: the commercial investor and CERCLA liability

Article Abstract:

Many real estate developers and lending institutions find it difficult to cope with the country's numerous environmental regulations, such as the Comprehensive Environmental Response, Compensation and Liability Act of 1980. As such, it is imperative for individuals applying for housing loans to have a thorough knowledge of the environmental liabilities of their properties. They should also work with lending institutions and real estate firms which have excellent environmental site assessment reputations.

Real Estate, Real Estate and Rental and Leasing, Administration of Air and Water Resource and Solid Waste Management Programs, Environmental Programs, Analysis, Real estate industry, Environmental aspects, Mortgages, Environmental policy

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Can you be safe? Personal liability and CERCLA

Article Abstract:

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) sets strict standards for hazardous waste cleanup liability. Individuals in corporate settings and related liability-shields in such cases can be categorized into corporate veil, direct participation, management or control, prevention and dissolved corporation status. Since environmental liability legislation is still evolving, the best defense for an individual party is to minimize risk exposure.

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Creative cost recovery and CERCLA limitations

Article Abstract:

The CERCLA was created to define the restrictions on the kinds of damages that property owners can pursue in a cost recovery action. It only includes the 'costs of response' associated with investigations, monitoring, evaluation and the cleanup of contaminated properties. It does not cover attorney fees and other fees incurred during litigation, but only the expenses of the actual remediation.

Environmental law, Regulatory compliance costs

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