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Our environmental attorneys move our clients’ objectives forward by anticipating and developing practical solutions throughout the transactional due diligence process to address business and regulatory risks.

Final Rule published today. What’s the impact? The amendment to the All Appropriate Inquiry Rule (AAI) goes into effect February 13, 2023, officially recognizing the new standard for Phase I Environmental Site Assessment—ASTM E1527-21. After one year, the current standard ASTM E1527-13 will sunset and will no longer be recognized by EPA as satisfying AAI.

Dec 15, 2022

As warehouse development increases, air quality decreases. California is struggling to find a balance. What’s the impact? The Warehouse Actions and Investments to Reduce Emissions Program deadline was recently extended to 11:59 pm on March 2, 2023, likely due, in part, to ongoing litigation with the South Coast Air Quality Management District to stop it. Several environmental, labor and community groups called on the State of California to effectuate a moratorium on warehouse construction in the Inland Empire. Imposing a moratorium on distribution centers and warehouses and/or charging large penalties will raise the cost of goods.

Feb 14, 2023

The 2023 Enterprise Multifamily Radon Policy will apply to all Fannie Mae and Freddie Mac loan applications received after June 30, 2023. What’s the impact? Under the new Enterprise standards, required testing of ground floor multifamily residential units increases from 10% to 25%. When radon levels exceed standards, an additional 25% of GF units in that building must be tested, mitigation must be conducted, and O&M Plans must be issued. These requirements should be added to loan agreement provisions. In addition to the new Enterprise standards, lenders must stay alert to changes in state and local radon rules. For example, New Jersey has issued stricter, new standards for radon testing.

Feb 1, 2023

March 26, 2024

Comment period for the Federal Supplier Climate Risks and Resilience Rule extended. What’s the impact? If finalized, certain Federal contractors and suppliers will be required to publicly disclose their greenhouse gas (GHG) emissions and climate-related financial risks and set science-based emissions reduction targets. The proposed rule covers approximately 85% of the GHG emissions associated with the Federal supply chain, making it one of the most significant supply chain rules in US history. This rule will trigger significant requirements on employees' time and knowledge in now-mainstream but ever-evolving world of Environmental Social Governance.

Jan 5, 2023

Feb 4, 2025

Leigh represents clients on environmental and land use matters, specializing in licensing and permitting, compliance counseling, and advising on the environmental aspects of business, lending, and real estate transactions.

Dana Stanton is a partner and the co-leader of Nixon Peabody’s Environmental team as well as the leader of the cross-functional, cross-practice Per- and Polyfluoroalkyl Substances (PFAS) Working Group. Dana advises clients in a wide range of industries on all aspects of environmental law, including regulatory, enforcement, and transactional matters.

Aaron Goldman represents large scale real estate developers and municipalities with respect to environmental due diligence during real estate transactions, focusing on environmental review of development projects, remediation of sensitive sites, land use issues, and regulatory compliance.