Attorney's Guide to Environmental Liability in Transactions.
The Attorney's Guide provides a concise overview of federal and state environmental legislation and issues that influence property and commercial legal transactions. It offers a discussion of environmental audits and environmental liabilities in the context of a "due diligence" investigation. It continues with a discussion of liability under CERCLA ("Superfund") and state property transfer laws. Finally, the guide analyzes several issues including the treatment of environmental liability in bankruptcy, environmental reporting requirements, environmental litigation and insurance coverage of environmental claims.
Legislators should find the guide's treatment of CERCLA liability and various state legislation noteworthy. It outlines the parties liable for cleanup costs under the statute and examines defenses to Superfund. The book also offers a timely discussion of lender and successor liability under CERCLA. The section on state property transfer laws groups legislation into two categories: laws requiring disclosure of environmentally troublesome conditions and laws requiring the cleanup, or guarantee of cleanup, of these conditions in connection with property transfers. This section also discusses state use of liens to recoup hazardous waste cleanup costs. in its analysis of state legislation, the Attorney's Guide uses statutes from New Jersey, Illinois, Minnesota and Connecticut to illustrate the different types of property transfer legislation.
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|Article Type:||Book Review|
|Date:||Nov 1, 1993|
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