Environmental, Administrative & Regulatory Law PublicationsFederal Courts Provide Guidance on Bona Fide Prospective Purchaser Obligations under CERCLA
Joan Hartley
South Carolina Lawyer  September 2011
Your client wishes to buy a piece of commercial property that was once an industrial site....
“Let’s Have a Tasting” – It’s Easier Said than Done
Dave Cannon Charlotte
September 6, 2011
As the beer and wine industries grow, so does the competition. Wineries and brewers are looking for new ways to market, advertise and promote their products. One of the most popular ways to spread the word is to hold a beer or wine tasting. But, before you start making plans for one, be aware that such tastings are heavily regulated by North Carolina law.
"The Specter of Spectre: Impacts of the Coastal Management Plan and the APA"
Southeastern Environmental Law Journal
Volume 18. Issues 1-2 (2009-2010) 2011
Attorney Mary Shahid co-authored an article for the Southeastern Environmental Law Journal, a publication of the University of South Carolina Shool of Law.
Ashley II and beyond...
Tommy Lavender
February 25, 2011
In cases of first and second impression, federal district courts in South Carolina and California have now ruled on the bona fide prospective purchase (“BFPP”) defense following its enactment in 2002 and EPA’s subsequent “all appropriate inquiries” (“AAI”) implementing regulations in 2006....
Environmental Disqualifying Event
NC Bar Association - Environmental News - Volume 22, Number 1 October 2010
Nexsen Pruet attorneys Jim Bryan and Ernie Pearson write about a new term environmental lawyers need to know - "environmental disqualifying event."
Proposed Changes to the Federal Trade Commission’s “Green Guide”
James W. Potter
October 8, 2010
Manufacturers of products making environmental friendly claims on labels and in advertising should carefully review proposed changes to the “Green Guides” originally developed by the Federal Trade Commission (FTC) in 1992.
Green Buildings: A Breakdown of LEED Standards
James Potter
September 17, 2009
In April 2009 the U.S. Green Building Council released its most recent version of Leadership in Energy and Environmental Design (LEED) green building rating system. This standard is a voluntary system but is used (like ASTM) as a reference system for this type of construction....
It’s about More than Just Putting it on Ice - Alcohol Law: An Overview of “Tied House”
Dave Cannon & Danielle Walther
August 27, 2009
In alcohol beverage law, tied house rules and regulations are restrictions and limitations on the relationships among wholesalers, manufacturers, importers and retail sellers of alcoholic beverages. These regulations emerged as an issue in the N.C. Legislature because of concerns that if there is a “tied house,” the retailer will feel pressure to only serve the brand of alcohol owned or sold by the manufacturer/importer – or will actually be pressured to only sell one brand....
Stimulus Spending Breakdown by State and Category
February 20, 2009
Stimulus Spending Breakdown by State and Category
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Tom Cochran, CEO and Executive Director
The United States Conference of Mayors February 20, 2009
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Tom Cochran, CEO and Executive Director
The United States Conference of Mayors February 13, 2009
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Top 10 Law Firms that Understand Economic Development
April 2008
Nexsen Pruet is named among the top law firms in the Southeast for economic development - and is the only law firm listed in South Carolina.
CLIENT ALERT: 2005 Amendment Reduces Risks Associated with Redeveloping Brownfields
July 6, 2005
The South Carolina Brownfields Voluntary Cleanup Program now provides additional liability protection for developers of contaminated lands.
Commercial Leases: A Company's Most Important Contract
W. Leighton Lord III
March 5, 2005
Many companies today do not give their leases the same respect they give commercial contracts. The problem is that most leases are far more important than the majority of contracts the company enters into. This article will attempt to address some of the basics of understanding and negotiating a commercial lease on behalf of a tenant. While many companies may be landlords, typically a company is a tenant. That being said, the issues raised in this article are of equal interest to a landlord.
Contested Water-Testing Methods Pit State Against Feds
James Potter & John DeWorken
SC Lawyers Weekly March 2005
Attorney James Potter, who works out of Nexsen Pruet's Columbia office, and John DeWorken on the battle over the Aquatic Life Protection Act.
Environmental Alert - September 2004
September 2004
Employment Law Update - September 2004
September 2004
"Obligations To Employees On Military Leave" and "Immigration Alert: Dealing with the H-1B Cap"
Recent Significant Environmental Justice Decisions
Winter 2004
Just Exactly Where is That Petroleum Contamination Coming From?
James W. Bryan
Environmental News March 1, 2003
Just Exactly Where is That Petroleum Contamination Coming From?, Environmental News, North Carolina Bar Association, 2003
Brownfields Agreements: A Prospective Developer's Road to Success
James W. Bryan
Environmental News March 2002
Brownfields Agreements: A Prospective Developer's Road to Success, Environmental News, Vol. 13, No. 2, March, 2002
The Saga Over MTBE Continues, Takes New Turn
James W. Bryan
Environmental News December 2001
The Saga Over MTBE Continues, Takes New Turn, Environmental News, Vol. 13, No. 1, December, 2001
Cities Must Use 'Smart Growth' Intelligently
David S. Pokela
August 18, 2001
"Smart Growth" is a catch phrase for renewed interest in controlling land development. Although growth management techniques may be used for the good of the general public, most have a detrimental impact on the value of individual property owners' land.
DHEC Issues Emergency Swine Regulation
Tommy Lavender, Jr.
August 13, 2001
DHEC issued an Emergency Regulation affecting new or expanded large swine facilities which include financial assurance and compliance history requirements.
Environmental Issues in Real Estate Transactions
W. Thomas Lavender
prepared for the South Carolina Bar CLE Division Real Estate Section March 30, 2001
Emergency Regulation on Wetlands
W. Thomas Lavender, Jr.
February 15, 2001
The South Carolina Department of Health and Environmental Control (DHEC) filed an Emergency Regulation on Wetlands seeking to extend state jurisdiction over isolated wetlands as those areas were previously defined in the U.S. Army Corps of Engineers 1987 interim-final draft "Wetlands Identification and Delineation Manual."
South Carolina Businesses Can Reduce the Risks of EPCRA Violations
Daniel J. Brown, Esq. and James W. Potter, Esq.
South Carolina Business Journal, September 1998 September 1998
Although the EPA has begun to pursue violations of the Toxic Release Inventory(TRI) reporting requirements much more aggressively in recent years, recently there have been several positive developments for industry that may lessen the impact of EPA's enforcement initiatives.
Brownfields- What Are They and Are They Important?
Leon C. Harmon and John W. Davidson
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
The new "Brownfields" initiatives and other similar programs may provide certain property owners and purchasers some relief from potential liability.
Protecting the Land: Conservation Easements Past, Present and Future
Leighton Lord helped write the South Carolina chapter on conservation easements....
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