In most commercial real estate transactions, the buyer and/or lender require a Phase I environmental site assessment (“ESA”). Hopefully, the ESA does not identify any recognized environmental conditions (“REC”), and the transaction closes. However, if RECs are...
At roughly three-year intervals, the South Coast Air Quality Management District (SCAQMD) adopts a regional Air Quality Management Plan (AQMP) to address public health standards for ozone and particulate matter, The AQMP coordinates the efforts of many agencies,...
Demetriou, Del Guercio, Springer & Francis, LLP represents the investor property owner in connection with the Garden Grove site discussed in the New York Times article, Turning Polluted Properties Into Profits.
In Fluor v. Superior Court (August 20, 2015) 61 Cal.4th 1175, the California Supreme Court overruled its prior decision in Henkel Corp. v. Hartford Accident & Indemnity Co., 29 Cal. 4th 934 (2003) and found policyholders could assign rights to insurance coverage...
The demise of the “redevelopment agency” in California in 2012 was swift and sudden. In the midst of a budget crisis, the California legislature dissolved the hundreds of redevelopment agencies across the state, and used their tax proceeds to balance the state...
The National Research Council, an arm of the National Academy of Sciences (NAS), recently released a report entitled, “Alternatives for Managing the Nation’s Complex Contaminated Groundwater Sites.” The report estimates there are more than 126,000 sites in the United...
In its January 8, 2013 decision in Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc. (Docket No. 11-460), the Supreme Court reversed the 9th Circuit and declared that the flow of water from an improved portion of a navigable waterway...
As noted by DDSF Partner Michael Francis, “Too often I see property owners/buyers/lenders that follow a “checklist mentality” in selecting their Phase I assessment environmental professional and then learn, in some instances after they own the property, that a serious...
On December 29, 2011, the California Supreme Court dealt a severe blow to California cities in a decision not only eliminating redevelopment agencies, but also striking down compromise legislation that would have allowed the continuance of redevelopment agencies,...
In November 2011, Region 9 of the United States Environmental Protection Agency (“EPA”) issued updated Regional Screening Levels (“RSL”) (or Preliminary Remediation Goals) to harmonize with similar risk-based screening levels used by Regions 3 and 6. The new RSLs are...
