Manko Gold Katcher & Fox
Jonathan H. Spergel and Diana A. Silva
May 19, 2015
Investigating or remediating environmental contamination at a site often requires access to neighboring property. A property owner may receive a request for access from government environmental agencies, which are vested with broad statutory rights to access properties to investigate or respond to actual or threatened releases of hazardous substances, or a private party that is responsible for addressing the contamination. There are also significant differences in state law regarding private requests for access to off-site property for environmental investigation or remediation. Property owners receiving an access request also face several considerations regarding liability and damages resulting from the access or from the discovery of contamination on their sites, which can be resolved through the negotiation of a private access agreement.