Using the environmental sensitivity map to predict regional contamination

Article Abstract:

Environmental sensitivity maps (ESMs) can be used to track regional environmental contamination patterns and protect landowners from potential CERCLA liability by enabling them to locate sources of pollutants found on or threatening their property. ESMs work by mapping past and current hazardous substance use and storage practices, and plugging these practices into soil settlements and drainage patterns. ESMs can be useful to land use planners when put on computerized geographic information systems, which arrange information regionally.

Models, Environmental impact analysis, Adjoining landowners, Transboundary pollution

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Lenders find safe harbor as courts uphold Environmental Protection Agency rule limiting CERCLA liability

Article Abstract:

The EPA's safe harbor rule prevents property owners from recovering against lenders who hold a lien against secured property damaged in violation of CERCLA as long as the lender has had no role in contaminating the property at issue. Lenders who have more than a pre-foreclosure security interest in the damaged property and who are found to have contributed to its contaminated condition in a managerial or operational sense will not be protected by the safe harbor rule.

Cases, Liens

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Current CERCLA provisions affecting lenders: the EPA issues guidance policy on lender liability

Article Abstract:

The EPA's guidance policy on CERCLA's application to lender liability is discussed. This policy was issued in 1997 to further explain the federal law's provisions detailing environmental liability, especially for lenders such as banks and savings institutions.

United States

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