All Appropriate Inquiry and the Potential Effect of Cuno on Brownfield Credits

New Issues in Environmental Due Diligence for the Developer: All Appropriate Inquiry and the Potential Effect of Cuno on Brownfield Credits

February 2005
Environmental due diligence is an essential element of any real estate development in Michigan and is conducted for a number of reasons. Two recent developments, one in regulatory law and the other in case law, may have a significant effect on the conduct and results of environmental due diligence in real estate developments. The first is the new U.S. Environmental Protection Agency (EPA) draft standard for environmental due diligence, known as the "all appropriate inquiry" standard. The second is a decision from the U.S. Sixth Circuit Court of Appeals on the constitutionality of certain development tax incentives in Cuno, et al. v. DaimlerChrysler, Inc., et al.
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