What environmental laws apply to commercial real estate transactions?

In North Carolina, various environmental laws can apply to commercial real estate transactions. Generally, state laws, such as the North Carolina Environmental Management Act and the North Carolina Environmental Protection Act, are applicable. Additionally, the federal Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may affect such transactions. The North Carolina Environmental Management Act establishes a framework to protect the state’s natural resources, air, land, and water quality. It also establishes an environmental permit system to regulate various activities and authorize individuals and companies to discharge pollutants into the air, water, and land. This includes processes such as nautical, recreational, industrial, and agricultural activities. The North Carolina Environmental Protection Act regulates hazardous waste, solid waste disposal, underground storage tanks, and drinking water. It also obligates companies and individuals to restore and protect the environment from contamination. The Clean Water Act is a federal law that regulates pollutant discharges, including those related to real estate transactions. This law prohibits the discharge of pollutants into navigable waters and sets standards for wastewater treatment and water quality. CERCLA requires companies and individuals liable for hazardous waste contamination to clean up contaminated sites and restore them to their original state. This designation can be made upon the sale of real estate, so it is important for commercial real estate transactions to consider their potential CERCLA liability. Overall, many environmental laws may apply to commercial real estate transactions in North Carolina. Companies and individuals should understand the requirements of each relevant law and how they may impact their property transactions.

What environmental laws apply to commercial real estate transactions?

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