Environmental Liability and Risk Management
NO CERCLA liability exemptions for future contamination
| The CERCLA Brownfields Amendments clarified liability provisions for innocent landowners and added protections from liability for bona fide purchasers and contiguous property owners who perform All Appropriate Inquiries before purchasing a commercial property. However, it does nothing to protect you if contamination occurs while you are the owner. |
Why
a property owner should monitor tenants' impact When property owners were seeking to refinance, a serious contamination problem was uncovered by the lender's required environmental site assessment. Had the owner managed his environmental risk.... |
Dry
cleaners pose "worst of worst" environmental risk
for property owners. When purchasing property that is or has been used for commercial entities, it is essential to try to determine if a dry cleaner has ever occupied the premises. |
| A property may be "clean" when purchased, but the owner must ensure that current uses, by employees, tenants, or even the owner himself, do not create environmental liability that could require costly cleanups and/or reduce the value of the property. | ||
| Property owners who actively manage risk associated with environmental liability can help protect the value of leased and owner-occupied properties and ensure compliance with federal and state environmental regulations. An environmental liability management plan is your best protection against future environmental damage. | Minimize future risk by creating an environmental liability management plan Help protect the value of leased and owner-occupied properties and support compliance with federal and state environmental regulations. |
Know
and follow ownership / environmental liability tests to maintain EPA lender
liability exemption It may appear the EPA holds financial institutions responsible for the failings of others because lenders have attempted to be responsible in their dealings with developers on environmental issues. But... |
Every commercial property owner and lender should take steps to minimize future environmental liability by managing risk. |
Harris & Lee Environmental Sciences offers broad expertise in the management of hazardous waste streams and waste disposal. We assist business owners, tenants and lenders in developing practical and cost efficient environmental liability management plans. Our services include:
- Environmental site assessments and screening inspections
- Hazardous waste management and contamination assessments
- Troubleshooting of operational practices and employee training
- Assistance with regulatory compliance including compliance audits
- Management services on an as-needed basis.