Chapter 1: Overview of Environmental Regulations Affecting Real Property

Federal, state and local environmental regulations all significantly affect the ownership and transfer of real property. The regulations and standards that owners and operators must meet generally fall into one of three categories.

First, there are qualitative objectives based on the uses that a community wants for particular property. Second, there are regulations that translate the qualitative objectives into quantifiable standards for soil or water quality. Third, there are emission or effluent standards and practices that owners and operators of sources of pollution must meet.

These three categories of regulations have evolved in different ways at federal, state and local levels.

§ 1.1 Introduction
§ 1.2 Federal Regulation
§ 1.3 State Regulation
§ 1.4 Local Regulation

STEPHEN A. BAIN, ESQ.
Welborn Sullivan Meck & Tooley, P.C.

Stephen A. Bain is a shareholder with Welborn Sullivan Meck & Tooley, P.C. in Denver. Steve’s practice focuses on environmental and natural resources law, including representation of oil and gas companies. After practicing environmental law with Holland & Hart in Denver for five years, he and his wife moved to the Black Triangle region of the Czech Republic for two years to work as environmental management consultants for the Czech Ministry of Environment. Steve joined Welborn Sullivan Meck & Tooley’s office in Almaty, Kazakhstan in 1997, where he worked on oil, mining and environmental issues, before returning to Denver in 1999. He has spoken on a variety of environmental topics and taught international petroleum law as an adjunct professor at the University of Denver Sturm College of Law. Steve has a bachelor’s degree from Yale University and a law degree from Cornell Law School.