Brownfield Properties

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

by William Cleveland, IV, Perrin Dargan, III, David Franchina | K&L Gates LLP on 4/19/2013

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress...more

Fourth Circuit Brownfields Decision Stops Short Of Worst-Case Outcome

by Todd Fracassi, Jane Luxton | Pepper Hamilton LLP on 4/17/2013

In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002 to "promote the cleanup and reuse of...more

Breathing New Life into Brownfields – The BUILD Act of 2013

by Kristen Sherman | Adler Pollock & Sheehan P.C. on 3/13/2013

On March 7, 2013, Senators Lautenberg, Inhofe, Crapo and Udall introduced the Brownfields Utilization, Investment, and Local Development Act of 2013, which would amend the Comprehensive Environmental Response, Compensation...more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

by Thomas Hogan, Christopher Marraro | BakerHostetler on 2/18/2013

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

Miami: Our Best Climate is the One Serving Your Business

by Fuerst Ittleman David & Joseph, PL on 2/15/2013

According to recent media reports, Miami has become the “go-to” location for companies seeking a better business, a fact that has been noticed by many major New York observing the trend of migration to Florida. Consider the...more

BPU Continues to Evaluate Incentive Programs for Solar Projects on Landfills and Brownfields

by Hesser McBride | Wilentz, Goldman & Spitzer P.A. on 2/14/2013

On July 23, 2012, L. 2012, c. 24 (the “Solar Act”) was signed into law by Governor Christie. The Solar Act, among other things, requires the New Jersey Board of Utilities (“BPU”) in consultation with the New Jersey...more

Bankruptcy Loses Arguments for Special Relief Under Prepetition Agreements for Environmental Liability

by Levi Jones | Schnader Harrison Segal & Lewis LLP on 2/6/2013

A recent case from the U.S. District Court for the Southern District of New York addressed the recurring conflict between the goals of bankruptcy law, which seeks to give debtors a fresh start, and the goals of federal and...more

Brownfield Tenants Gain CERCLA Liability Protection

by Bruce Flushman | Wendel, Rosen, Black & Dean LLP on 1/15/2013

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA...more

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

by Ronald Farley | Burr & Forman on 1/11/2013

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

New Liability Protection For Tenants On Brownfield Properties

by Jane Luxton | Pepper Hamilton LLP on 1/9/2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

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