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Torts/Personal Injury,
Environmental & Energy,
California Courts of Appeal

Aug. 8, 2025

Regulatory risk after closure: What Benjamin Moore means for industrial property owners

A recent California appellate decision reminds industrial property owners that environmental liability doesn't end with site closure, as regulators can demand new investigations years later based on incomplete records or historic chemical use, even without direct evidence of contamination.

Thierry R. Montoya

Partner
Frost Brown Todd LLP

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Regulatory risk after closure: What <i>Benjamin Moore</i> means for industrial property owners
Shutterstock

Industrial and manufacturing businesses often believe environmental liability ends once a facility closes and receives regulatory clearance. A recent unpublished decision from the California Court of Appeal offers a sharp reminder: regulatory oversight can return long after operations stop. Agencies may act based on incomplete records or circumstantial evidence, without needing proof of a discharge.

In Benjamin Moore & Co. v. California Regional W...

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