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Full-Text Articles in Law
Environmental Liens And Title Insurance, Robert S. Bozarth
Environmental Liens And Title Insurance, Robert S. Bozarth
University of Richmond Law Review
Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
University of Richmond Law Review
In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
University of Richmond Law Review
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") was enacted to facilitate prompt cleanup of property contaminated by hazardous wastes. CERCLA seeks to accomplish its goal in part by placing the financial burden of cleanup on those parties who are responsible for the problem and who benefited from the hazardous waste activity. Because environmental cleanup is a national priority and the cost of cleaning up toxic waste sites is staggering, the scope of liability under CERCLA is broad. A clean environment is a laudable goal and compelling responsible parties to bear the cost of cleanup is fair, …