News & Analysis as of

Bona Fide Purchaser Contaminated Properties Comprehensive Environmental Response, Compensation and Liability Act

Woods Rogers

They’re Back! DEQ to Resume Issuance of Landowner Liability Comfort Letters

Woods Rogers on

Virginia’s Department of Environmental Quality (“VDEQ”) announced via its email newsletter that it will resume issuance of Bona Fide Prospective Purchase (“BFPP”) and other “Comfort Letters” beginning September 1, 2022. This...more

Woods Rogers

Virginia DEQ Suspends Issuance of Landowner Liability “Comfort Letters”

Woods Rogers on

On December 1, 2021, the Virginia Department of Environmental Quality (“VDEQ”)  announced via a notice on its Brownfields website that it stopped accepting applications for Bona Fide Prospective Purchase (“BFPP”) and other...more

Williams Mullen

Can You Resuscitate an Elderly Phase I?

Williams Mullen on

As an environmental practitioner, I am often asked to review Phase I environmental site assessments. The majority of Phase Is are prepared by a prospective purchaser or lessee of real property seeking to secure bona fide...more

Farella Braun + Martel LLP

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Cole Schotz

EPA Issues Revised Enforcement Guidance Regarding Tenant Liability Under CERCLA’s Bona Fide Prospective Purchaser Provision

Cole Schotz on

Late last year, the United States Environmental Protection Agency (“EPA”) issued Revised Enforcement Guidance Regarding the Treatment of Tenants under the Federal Comprehensive Environmental Response, Compensation, and...more

BakerHostetler

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

BakerHostetler on

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Burr & Forman

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

Burr & Forman on

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

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