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Environmental Restrictive Covenants: The Potential Cost of Making...

Environmental Restrictive Covenants (ERCs) are often necessary to obtain regulatory closure of subsurface environmental liabilities and the associated restrictions on the land are around for many...

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Improve Your Phase I ESA Part 3: A Reliance Letter with Purpose

This is the third article in a series describing improvements that add value to environmental due diligence efforts involving a Phase I Environmental Site Assessment (ESA). The second article “Improve...

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Improve Your Phase 1 ESA Part 4: Timing May Be Everything

This is the fourt article in a series describing improvements that add value to environmental due diligence efforts involving a Phase I Environmental Site Assessment (ESA). The third article “Improve...

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Improve Your Phase I ESA Part 5: Understanding and Using a Phase I ESA to...

This is the fifth article in a series describing improvements that add value to environmental due diligence efforts involving a Phase I Environmental Site Assessment (ESA). The fourth article “Improve...

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Have You Updated Your Environmental Due Diligence?

Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com If a Phase I Environmental Site Assessment will be a part of your environmental due diligence, it should be a useful...

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Defining and Regulating Water

Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com We label types of water based on scientific definitions of physical state and location of a “water” in the hydrologic...

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Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule

Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com Last year, EPA enforced a rule against contractors and other renovators who failed to follow lead-safe practices and the...

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The Known Loss Doctrine Fails to Prevent Environmental Liability Coverage

Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com Indiana law continues to favor policyholders when it comes to insurance coverage for cleaning up legacy environmental...

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Free Environmental Compliance Assistance

Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com Are you wondering if environmental regulations could apply to your business or project? Perhaps you are already up to...

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Neighbors and Drainage: Water Issues are Not Always a “Common Enemy”

Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com It has long been the law in Indiana that surface water is a “common enemy.” Surface water drains from one property to...

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