The Cercla Windfall Lien

The CERCLA Windfall Lien: A Liability Trap for vulnerable buyers of Contaminated Sites By Larry Schnapf The subatomic Business Liability prorogue and Brownfields Revitalization Act of 2002 (the 2002 Brownfield Amendments) added a Bona Fide Prospective Purchaser (BFPP) defensive measure to the Comprehensive Environmental Response, recompense and Liability Act (CERCLA) . The BFPP demurrer allows purchaser to wittingly find out title to dirty lieu provided they satisfy certain criteria just now comes with an important hitch. Namely, EPA may perfect aspect a roaring lien on berth have by a BFPP in certain helping to resume cleanup costs. This bind will discuss the mountain range of this lien, the new EPA guidance that discusses when the federal government will support its godsend lien power, and shipway to resolve uncertainty just about bonanza liens. The CERCLA BFPP Defense: former to the 2002 Brownfield Amendments, the principal defense to CERCLA financial obligation that was in stock(predicate) to purchasers or occupiers of contaminated dimension was the Innocent Purchaser defense. To success bounteousy invoke this defense, the purchaser or occupier had to devote that it had no reason to kip down that the property was contaminated.

Since the problem with brownfields is the macrocosm or suspicion of contamination, the defense was largely unavailable to prospective developers or tenants of brownfield sites. To eliminate this barricade to redevelopment of brownfields, the Brownfield Amendments created the BFPP defense for landowners or tenants who knowingly acquire or lease contaminated property later on January 11, 2002. scarce those parties that qualify for the BFPP defense be potentially exit to the windfall lien. To qualify for the BFPP, the owner or tenant must(prenominal) establish by a preponderance of the test that it has at ease the pursuit eight conditions: All organization of hazardous substances occurred ahead the purchaser acquired the facility. The purchaser conducted...If you want to pose a full essay, assemble it on our website: Orderessay

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