Author: Joseph Maternowski, Moss & Barnett, PA
Topic area: Environmental law and compliance
Blogging since: June 2007
Post excerpt from August 24, 2010: “One of the harsh realities for business owners and businesses is that they face potential environmental liability on a number of different fronts.
“When purchasing property, businesses need to be aware of past uses of property that may have resulted in contamination. When conducting operations, it is prudent for businesses to ensure they have all the required permits and that they are following all applicable environmental regulations. If a government inspection reveals violations of environmental standards, a business may face civil penalties and costly corrective actions.
“Past waste disposal practices may also be a source of liability for businesses. If wastes were disposed at a landfill or unpermitted facility and evidence can be found linking a business to a site that is the source of contamination, that company may be found to be responsible for a cleanup. Liability under federal and state Superfund laws is joint, strict, and retroactive. Investigations and cleanups of dump sites can be expensive.”