Foreseeable damages: Delay in envirnomental clean-up

A landowner whose lease contains a provision that the tenant is responsible for removing oil tanks and fixing any environmental problems can claim damages for the entire time the property is tied up before the government gets around to issuing a letter approving the clean-up, according to a recent decision by the U.S. Court of Appeals for the Third Circuit.  Bonni Kaufman of Holland & Knight’s D.C. office has a rundown of the case and the implications.

[Frank Snyder]