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Navigating the New Reality of Equipment Leasing and CERCLA Liability

This first installment of a two-part series explains the <i>Atlantic Research</i> decision and some of the basic steps a party to a commercial real estate transaction should take to help protect itself from unexpected CERCLA claims resulting from this decision.

32 minute read October 30, 2007 at 10:50 AM
By
Russell V. Randle And David G. Mayer
Navigating the New Reality of Equipment Leasing and CERCLA Liability

The Supreme Court's unanimous recent decision in United States v. Atlantic Research Corporation, 127 S.Ct. 2331, 551 U.S. ____ (2007), No. 06-562 (June 11, 2007) potentially affects every commercial real estate transaction in the United States, including those involving fixtures and leased equipment.

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