This Article introduces, in some detail, the primary environmental rules and laws that are of special interest to potential foreign investors in the United States. The discussion includes examination of the Clean Air Act of 1988, The Federal Water Pollution and Control Act of 1972, and The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The author also discusses specific laws that may apply to foreign investors, such as the regulation of underground storage tanks and asbestos laws. The author concludes that two types of costs exist for foreign investors in the United States: the cost of compliance with environmental legislation such as the Clean Air Act, and the cost of possible strict liability for expensive cleanups under CERCLA or the common law. The author recommends that foreign investors take whatever steps are available to identify and guard against environmental liability through pre-investment and contractual risk allocation.
Scott H. Peters,
A Guide for Foreign Investors to Environmental Laws in the United States,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol28/iss4/6