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.

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