Transactions Involving Contaminated Property

Earlier today, the New Jersey Department of Environmental Protection (NJDEP) issued a directive requiring five companies – Solvay, DuPont, Dow DuPont, Chemours and 3M – to provide detailed information on their use of PFAS chemicals and potential modes of discharges such as through wastewater treatment plants, air emissions, and consumer products.  The directive also

The New York State Department of Environmental Conservation (NYSDEC) is now requiring all sites entering into a state cleanup program to sample for two of the more popular and well-known “emerging contaminants” – 1,4-dioxane and Per- and Polyfluoroalkyl substances (aka PFAS) – in soil, groundwater, surface water, sediment, and, where applicable, biota.  There is currently

Whenever estate planning involves the transfer of a business or real estate, environmental issues can be important drivers. Owners and operators of real property are strictly liable for the remediation of any contamination on the property regardless of who caused the contamination. Often families are unaware of the environmental obligations and liabilities associated with their

The PFAS family of chemicals continues to be in the spotlight on what seems like an almost daily basis.  Just earlier today was this article, reporting on at least 55 drinking water systems contaminated with PFAS chemicals from Defense Department use of firefighting foam, a common source of PFAS chemicals.   Here is our report

The United States Supreme Court agreed today to consider the issue of whether a Federal Clean Water Act (“CWA”) permit is required for discharges of pollutants from point sources that reach CWA navigable waters through a groundwater conduit. By taking up this case, the Supreme Court will hopefully resolve a current Circuit Court split between