Environmental Due Diligence in the Wake of Atlantic Richfield

Energy Partner Dianne Phillips and Real Estate Attorney Maria de la Motte co-authored an article in Pratt's Energy Law Report about the recent decision in Atlantic Richfield Co. v. Christian. The U.S. Supreme Court confirmed the broad statutory definition of “Potentially Responsible Party” under the Comprehensive Environmental Response, Compensation, and Liability Act. The decision underscores the importance of environmental due diligence prior to purchasing, leasing or financing a property, including conducting “All Appropriate Inquiries,” not only to establish a landowner liability defense, but also to understand continuing obligations with respect to a contaminated property. Ms. Phillips and Ms. de la Motte provide a refresher on the key components of All Appropriate Inquiries.

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