BFPP

Purchaser Unable to Assert BFPP Defense After Phase 1 Failed to Discover Historic Dumping on Farm Land

A federal court found there were triable issues if a purchaser qualified as a bona fide prospective purchaser (BFPP) because of alleged flaws in a phase 1 environmental site assessment. In Stratus Redtail Ranch LLC v. IBM, 2022 U.S. Dist. LEXIS 8723 (D. Col. 1/18/22), the plaintiff had acquired a 290-acre parcel of agricultural land […]

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Property Owner Fails to Qualify as BFPP Because Phase 1 Did Not Contain EP Certification

A property owner failed in its bid to qualify as a CERCLA bona fide prospective purchaser because its phase 1 did not contain the environmental professional certification required by the section 40 C.F.R. § 312.21(d) of EPA’s All Appropriate Inquires (AAI) rule. In Von Duprin LLC v. Major Holdings, 2021 U.S. App. LEXIS 26726 (7th

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9th Circuit Finds Shopping Center Owner Did Not Establish BFPP Status for Dry Cleaner Contamination

We have previously discussed the series of district court rulings in Voggenthaler v Maryland Square LLC where homeowners and the Nevada Department of Environmental Protection (NDEP) sued past and former owners of a shopping center and operators of a former dry cleaner because of a mile-long groundwater plume resulting from PCE spills from the dry cleaner

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Fourth Circuit Affirms Ashley Rulings

The United States Court of Appeals finally issued its much anticipated ruling in PCS Nitrogen v Ashley II of Charleston, 2013 U.S. App. LEXIS 6815 (4th Cir. 4/4/13) last week. However, the wait turned out to be much ado about nothing. The court affirmed the district court rulings but did not clarify perhaps the most

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EPA Issues Revised Guidance on Applicability of BFPP Protection To Tenants

EPA issued revised guidance discussing the potential applicability of the CERCLA Bona Fide Prospective Purchaser (BFPP) liability protection to tenants who lease contaminated or formerly contaminated properties. Revised Enforcement Guidance Regarding The treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Protection. The guidance supersedes EPA’s January 14,2009 guidance titled “Enforcement Discretion Guidance Regarding the Applicability

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NJ Lawyers Raise Concerns About Transparency of LSRP Program

On May 7, 2012, the New Jersey Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (SRRA) became fully effective. With limited exceptions, all site remediation projects in the state of New Jersey regardless of when work began must proceed under the supervision of a Licensed Site Remediation Professional (LSRP) and without New Jersey Department of Environmental

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