BFPP defense

Continuing to Struggle with CERCLA liability, the 7th Circuit Holds that a Phase 2 ESA Satisfies AAI

The Court of Appeals for the 7th Circuit has long struggled with interpreting the scope of CERCLA liability, often issuing poorly-reasoned and inconsistent decisions. This trend continued with its recent opinion in Von Duprin vs Moran Electric Service, Inc., et al,  2021 U.S. App. LEXIS 26726 (7th Cir. 9/3/2021) where the court issued a number …

Continuing to Struggle with CERCLA liability, the 7th Circuit Holds that a Phase 2 ESA Satisfies AAI Read More »

4th Circuit Hears Oral Argument on Ashley II Case

The United States Court of Appeals for the Fourth Circuit heard oral argument in early December on the appeal of the Ashley II of Charleston v PCS Nitrogen decision, 2010 U.S. Dist. LEXIS 104772 (D.S.C. 9/20/10).  The case involves a 43-acre Columbia Nitrogen Superfund Site in the Upper Peninsula area of Charleston, South Carolina. The …

4th Circuit Hears Oral Argument on Ashley II Case Read More »

Recent EPA PPAs Require Financial Assurances

EPA recently published notice of two proposed prospective purchaser agreements (PPAs) . PPAs had been a critical tool for brownfield development prior to the 2002 CERCLA amendments that added the bona fide prospective purchaser (BFPP) defense. Following the 2002 amendments, EPA issued guidance that indicated that the agency would only issue PPAs in special circumstances since the BFPP was …

Recent EPA PPAs Require Financial Assurances Read More »

Confusion Over Scope And Timing of RCRA Cleanup Leads to Potential Liability for Brownfield Developer

Last year, the brownfield community was rattled by the Ashley II decision of United States District court for the District of South Carolina holding that a brownfield developer failed to comply with the requirements of the Bona Fide Prospective Purchaser defense. The court ruled the developer did not comply with its post-closing continuing care obligations …

Confusion Over Scope And Timing of RCRA Cleanup Leads to Potential Liability for Brownfield Developer Read More »

Scroll to Top