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Practice Areas
- Administrative Actions and Appeals
- Corporate and Commercial Transactions
- Cost Recovery, Superfund, Natural Resource Damages and Citizen Suits
- Environmental Due Diligence in Site Development and Brownfields Transactions
- Environmental Provisions in Corporate and Commercial Agreements
- Litigation
- Site Development and Brownfields Redevelopment
- Superfund and Site Remediation
- Toxic Tort Defense and Class Action Suits
Bona Fide Prospective Tenant Endorsed as New CERCLA-Protected Class
March 19, 2013
Diana A. Silva
The Legal Intelligencer
The U.S. Environmental Protection Agency recently issued new guidance that will help tenants leasing contaminated property to minimize their risk of environmental liability under the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as CERCLA. Although guidance documents do not create binding law, the EPA's new "Revised Enforcement Guidance Regarding the Treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Provision," issued on December 5, 2012, should provide additional comfort to conscientious tenants.
