Wetlands pose a trap for unwary developers

Article Abstract:

Landowners and real estate developers should be cognizant of federal regulations on wetlands before attempting to convert these lands into commercial or residential places. The federal Clean Water Act restricts the usage of wetlands and failure to adhere to its provisions could result in heavy fines and imprisonment. Developers and landowners are advised to subject target properties to a wetlands audit to evade places classified as wetlands and to assess the risks in planning real estate developments located in wetlands.

Real estate development, Wetlands

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The EPA's lender liability rule: panacea or pitfall?

Article Abstract:

The Environmmental Protection Agency (EPA) has ignored the issue of the liability of lending agencies functioning as fiduciaries. Financial agencies perform various roles such as trustees of testamentary trusts, estate personal representatives, conservators of estates, corporate trustees, retirement plan trustees and bankruptcy trustees. Without the protection of a secured creditor's exemption, an agency acting as a fiduciary can be liable as a proprietor of contaminated property.

Analysis, United States. Environmental Protection Agency, Lender liability

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Relief under CERCLA: the innocent seller's defense

Article Abstract:

A decision by New York federal courts to allow a defense that someone selling land that had been contaminated, was an innocent seller, could extend more widely within the United States. This appears to enlarge options for people prosecuted under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), who previously had few means of defending their position. Whether the defense can be extended to leaseholds has yet to be assessed.

Sanitary Services, Fire, marine, and casualty insurance, Risk factors, Offenses against the environment, Environmental crimes

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