EPA has begun to enforce its Real Estate Notification and Disclosure Rule which requires the disclosure of information concerning lead-based paint and its hazards in residential housing, at the time of sale or lease. See 40 CFR Pt. 745, subpart F. EPA inspectors are performing surprise inspections at, among other places, real estate brokerage and rental offices.
A recent Supreme Court decision gives new life to PRP challenges to the retroactive application of Superfund. In Eastern Enterprises v. Apfel, 118 S. Ct. 2121 (June 25, 1998), the Supreme Court held a retroactive requirement to fund health care costs an unconstitutional taking, applying takings law for the first time to the imposition of liability to pay claims.
