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Expert Analysis

EPA's Institutional Controls Guides Bring Uncertainty

Law360, New York (July 10, 2013, 1:18 PM EDT) -- The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the U.S. Department of Defense. The guidelines focus on so-called "institutional controls" governing the cleanup of such sites under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., and other federal statutes and programs (e.g., the Brownfields Program). State, local and tribal authorities are likely to follow the guidelines....

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