News & Analysis as of

Tenants Comprehensive Environmental Response, Compensation and Liability Act Environmental Protection Agency (EPA)

McGuireWoods LLP

Tenants Gain Broader Liability Protection Under CERCLA

McGuireWoods LLP on

Buried in the 800-plus pages of the Consolidated Appropriations Act, 2018, is a change broadening the bona fide prospective purchaser (BFPP) defense for tenants under the Comprehensive Environmental Response, Compensation and...more

Snell & Wilmer

Environmental Due Diligence Standards: Present and Future

Snell & Wilmer on

The first half of 2013 has experienced greater economic activity than in recent years. The housing market appears to be recovering, albeit slowly. More lending and transactional activity is occurring at the commercial level....more

Orrick, Herrington & Sutcliffe LLP

EPA Clarifies "Innocent Tenant" Liability Under CERCLA

Recent EPA guidance imposes new environmental due diligence and compliance requirements on prospective commercial and industrial tenants. The guidance purports to clarify an exemption from liability, but actually confirms...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

Buchalter

New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from...

Buchalter on

Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more

Saul Ewing LLP

U.S. EPA Issues New Guidance on Bona Fide Prospective Purchaser Defense for Tenants

Saul Ewing LLP on

The United States Environmental Protection Agency ("EPA") released revised guidance on the applicability of the bona fide prospective purchaser ("BFPP") defense to tenants under the Comprehensive Environmental Response,...more

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