News & Analysis as of

BFPP Contamination Comprehensive Environmental Response, Compensation and Liability Act

Clark Hill PLC

EPA Changes Requirements For Bona Fide Prospective Purchaser To Conform With Updated ASTM E1527-21 Standard

Clark Hill PLC on

Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. ยง 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

UB Greensfelder LLP on

Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

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

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

Holland & Knight LLP

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

Holland & Knight LLP on

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...more

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