Intuitively, contamination reduces the value of property. But intuition does not count as evidence. The issues of how one proves that one ought to take a discount from a property’s
Continue Reading Commonwealth Court Offers Another Take on Valuing Contaminated Propertycontamination
Lessons from Someone Else’s Book About a Big Matter I Handled
I recently finished P. David Allen II’s and Susan Campbell’s new book Paper Valley: The Fight for the Fox River Cleanup (Wayne State Univ. Press 2023). Allen was a wildlife…
Continue Reading Lessons from Someone Else’s Book About a Big Matter I HandledE2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B
In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act…
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The Top 5 New Environmental Issues for Commercial Property Owners or Managers
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of…
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7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds
On June 18, 2020, the Seventh Circuit handed down a decision in a case involving historical environmental contamination that eases the path to federal court for defendants who are haled into state court for acts that occurred while defendants were assisting the federal government. In Sherrie Baker et al. v. Atlantic Richfield Company, E. I. du Pont de Nemours and Company, et al., No. 19-3160, 2020 WL 3287024, — F.3d — (7th Cir. 2020), the court adopted a new standard for federal officer removal, holding that defendants act under color of federal office and are entitled to a federal forum when sued for conduct relating to acts for the federal government, even if the conduct at issue in a particular case only partially implicates the federally directed acts. This decision has consequences that reach beyond defendants facing environmental liability, as did the defendants in Baker, as it could provide an additional avenue to a federal forum for companies that have either been awarded federal contracts, or that supply customers who hold federal contracts.
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Taking Another Look at Environmental Indemnity
From Grant E. Nichols of GT Philadelphia:
For at least the past 30 years, parties involved in the purchase or sale of properties that contain environmental exposure have had …
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Further Thoughts on Valuing Contaminated Property
Some time ago, I offered some observations about how to value the diminution in property value caused by contamination. I examined in particular the case of a property where someone…
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