Environmental considerations often become critical in real estate deals and other business transactions.

No environmental law has had a more pervasive impact upon the business community than the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). Tucker Arensberg has represented large manufacturers, small businesses, municipalities and banks in all aspects of Superfund, from responding to EPA information requests to negotiating consent decrees with the EPA. In the process, the firm has become accustomed to working with consultants in fields such as geology, hydrology, and environmental remediation technology.

In litigation, the firm has represented clients in EPA cost recovery actions, private party contribution suits, and toxic tort suits alleging cancer and other injuries from exposure to environmental pollutants. The firm has defended clients in cases involving PCBs, pesticides, solvents, metals and other hazardous substances.

Because the firm represents many financial institutions, an important part of its environmental practice is in helping banks avoid environmental risks. Tucker Arensberg has helped lenders craft due diligence procedures to identify contaminated collateral and borrowers whose environmental problems might affect their creditworthiness. The firm works closely with financial institutions in the workout/foreclosure process, where several courts have imposed cleanup liability.

The firm's environmental services extend to other federal statutes (such as the Clean Air Act, RCRA and TSCA) and Pennsylvania environmental laws (including the Storage Tank Act, the Hazardous Sites Cleanup Act and the Solid Waste Management Act).

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