On the morning of Dec. 25, the News Analysis on page A1 of the New York Times led off with this cheery holiday thought: “Sometime in the last couple of months, predictions of a major economic downturn or recession in 2019 went from being a crank view to the conventional wisdom.” At the front end of the … Continue Reading
If you know contaminated industrial property would be worth $X clean, what is the proper way to value the contamination? Maybe it is just the “cost to cure,” but that does not capture any “stigma” that may stay with the property. And then there is a wrinkle if the property is the subject of an agreement … Continue Reading
My October Environmental Practice Column in the Pennsylvania Law Weekly considers issues presented by the intersection of the bar on pre-enforcement review and reliance on “institutional controls.” These issues come up in federal Superfund matters under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-75. However, the discussion was motivated by a September 4 ruling by … Continue Reading
February's column in the Pennsylvania Law Weekly / Legal Intelligencer considers the "environmental debts" that often arise in transactions or otherwise. Managing Environmental Obligations: Tracking Environmental Debtors, 35 Pa. L. Weekly 196 (Feb. 28, 2012).
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