EPA Revised Guidance Encourages Renewable Energy and Other Industry Development on Contaminated Properties

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On December 5, 2012, the U.S. Environmental Protection Agency (EPA) issued revised guidance regarding whether lessees of contaminated or formerly contaminated property may claim protection from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as Bona Fide Prospective Purchasers (BFPPs).1Although the motivation to provide this guidance arose initially out of the EPA's RE-Powering America's Land Initiative, as well as its interest in facilitating the redevelopment of land for renewable energy projects,2 this guidance applies broadly to tenants operating in all industries.

 


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