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Environmental & Energy Law Monitor News & Updates on Environmental & Energy Law in the Mid-Atlantic Region and Throughout the United States

Tag Archives: due diligence

Appellate Court Upholds Statutory Due Diligence Requirement and Finds Ownership Status after Declaration of Taking

Posted in Environmental Litigation, Transactions Involving Contaminated Property

Liability based on property ownership under New Jersey’s Spill Compensation and Control Act (“Spill Act”) and its impact on condemnation cost recovery suits were the subject of an interesting decision last  month in New Jersey Schools Development Authority vs. Marcantuone (October 29, 2012 ). The New Jersey Appellate Division made two rulings in this eminent… Continue Reading

Be Sure to Read the Fine Print In a Consultant’s Proposal

Posted in Managing Environmental Risk in Transactions

When hiring an environmental consultant, it is important to carefully review the terms and conditions governing the agreement between you and your consultant.  One of the key components of the professional services agreement is the section dealing with the consultant’s potential liability for its own negligence.  Consulting firms will often look to limit their liability… Continue Reading