Environmental law has changed rapidly over the last few years and is now a potential concern in almost every real estate transaction as well as in many commercial situations.
As with the environment itself, the area of Environmental Law is changing rapidly. Recent amendments to the Waste Management Act have a drastic impact on anyone dealing with land.
The new Environmental Management Act, among other things, creates a system to identify “contaminated sites”, defines who is responsible for such sites, imposes substantially greater degrees of liability for such persons, creates new reporting and disclosure requirements and creates a system to require clean-up of those sites. This legislation has a direct impact on any persons owning or dealing with land, including past and present owners, developers, purchasers, sellers, landlords, tenants, lenders and realtors. Due to its affiliation with “land”, it is hard to imagine transactions which won’t be affected by this legislation! And with the environment becoming an ever more important topic, and political pressures increasing accordingly, this area will likely continue to change at a rapid pace.
At Baker Newby LLP we have vast experience in all aspects of real estate and related transactions, and accordingly we are committed to keeping on top of the area of Environmental Law and all of the changes which are occurring in that regard. Our solicitors can advise you with respect to environmental law generally, what you should consider in entering into any transaction involving real estate, and how best to protect yourself. In addition, our litigators can assist you with any disputes which may arise.