Lessees and superfund liability
By Gene Schmittgens
Environmental and Natural Resources Law,
June 2013
In December of last year, EPA published new guidance which clarifies that a lessee is entitled to assert the bona fide prospective purchaser defense.
Lessees and superfund liability
By Gene Schmittgens
Business Advice and Financial Planning,
June 2013
In December of last year, EPA published new guidance which clarifies that a lessee is entitled to assert the bona fide prospective purchaser defense.
Recent environmental cases
By William J. Anaya, Gene Schmittgens, & Alison K. Hayden
Environmental and Natural Resources Law,
September 2011
Recent cases of interest to environmental lawyers.
All appropriate inquiries into land acquisitions
By Gene Schmittgens
Environmental and Natural Resources Law,
June 2011
All appropriate inquiry requires that the purchaser perform a Phase I assessment which conforms with either the requirements of ASTM 1527-05, or the regulations promulgated by EPA.
All appropriate inquiries into land acquisitions
By Gene Schmittgens
Business Advice and Financial Planning,
February 2011
Recently, two district court opinions have examined the Bona Fide Prospective Purchaser defense and what is required to maintain the defense: 3000 E. Imperial, LLC, v. Robertshaw Controls Co., et al., and Ashley II of Charleston LLC v. PCS Nitrogen, Inc.
Will EPA’s Administrative Order on Consent Satisfy the Procedural Requirements of Cooper v. Aviall?
By Gene Schmittgens & Jessica Merrigan
Environmental and Natural Resources Law,
February 2007
Not only did the Court’s decision in Cooper Industries, Inc. v. Aviall Services, Inc. eliminate the availability of contribution under CERCLA following a voluntary cleanup, it also has the potential to significantly limit the right of contribution for parties that have “settled” or wish to “settle” liability in an administrative setting.
City of Springfield v. Hashman: 4th District says close enough is good enough
By Gene Schmittgens & Anna Chesser Smith
Environmental and Natural Resources Law,
December 2002
In City of Springfield v. Hashman, 774 N.E.2d 427, 266 Ill.Dec. 321 (July 29, 2002), the appellate court for the Fourth District enjoined the development of a 22.408-acre parcel of land located outside the limits of the City of Springfield but within 200 feet of Lake Springfield, the primary water supply of the City and Sangamon County.
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