Legal Alert: Clearer USEPA Guidance for Commercial and Industrial Tenants for Protection from Pre-existing Contamination Liability
On December 5, 2012, the United States Environmental Protection Agency (EPA) issued revised guidance to memorialize its position that commercial and industrial tenants can protect themselves from contamination liability under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or commonly referred to as Superfund) by relying on an “all appropriate inquiry” of the ownership and uses of the property, timely performed by the landlord, or by timely performing the all appropriate inquiry themselves. EPA’s prior guidance did not indicate these statutory defenses were available to tenants.
To anyone planning soon to proceed with a brownfield environmental site assessment or an underground storage tank (UST) environmental site investigation in Hamilton County, Ohio this Legal Alert will be of interest.
On December 1, 2009, U.S. EPA adopted new rules which establish the first national standards for the control of pollutants (sediment, turbidity and nutrients) discharged via stormwater from construction sites to surface waters.
U.S. EPA’s new rules will impact residential and commercial construction and development companies, as well as those entities involved in highway, street and bridge construction. These entities are already required to obtain a stormwater discharge permit (usually from a state agency, but sometimes from U.S. EPA) and to employ certain control measures to manage stormwater discharges to surface water.
- Waters of the United States
- United States Army Corps of Engineers
- Navigable Waters
- Clean Water Act
- Employment Law
- U.S. EPA
- Environmental Site Assessment
- All Appropriate Inquiry
- Title Insurance
- Real Estate Law
- Pre-Start Construction
- New Markets Tax Credit
- Community Development Financial Institutions Fund
- Community Development Entities
- CDFI Fund
- NMTC Financing
- Resource Conservation and Recovery Act
- Hazardous Waste Regulation
- Hazardous Waste Disposal
- Contaminated Wipes
- USEPA Guidance
- Ohio Consumer Sales Practices Act
- Home Construction Service Suppliers Act
- Construction Litigation
- Ohio Diesel Emissions Grant Program
- LEED Certification
- Underground Storage Tank
- Tax Credit
- Storm Water
- Environmental Law
- Green Team
- Legal Alert: Proposed Federal Rule on Waters of the United States
- LEGAL ALERT: U.S. EPA Issues Final Rule Recognizing ASTM E1527-13 Standard for Phase I Environmental Site Assessments
- A SECOND UPDATE: HAS U.S. EPA PUT THE CART BEFORE THE HORSE?
- An Update: Has U.S. EPA Put the Cart Before the Horse?
- Legal Alert: Has U.S. EPA Put The Cart Before The Horse?
- Pre-Start Construction Considerations in Ohio
- Some Communities Still Missing Out On The NMTC Financing Opportunity
- Legal Alert – U.S. EPA Finalizes Regulatory Exclusion for Solvent Contaminated Wipes and Shop Towels
- Legal Alert: Clearer USEPA Guidance for Commercial and Industrial Tenants for Protection from Pre-existing Contamination Liability
- Legal Alert: Ohio General Assembly Enacts New Law Exempting Home Builders from Consumer Protection Laws