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Commercial Leasing Law & StrategyFeaturesCommercial LitigationLandlord Tenant LawLitigationRegulation

Tenant Liability CERCLA Changes Under 2018 BUILD Act

By Nicole TK Moore
August 01, 2018

A Tenant Concern

  1. Owners of sites,
  2. Operators of sites,
  3. Transporters of hazardous substances, and
  4. Those who arrange for such transportation.
  • Establish their landlord as a BFPP by proving that the landlord completed the All Appropriate Inquiry (AAI) as defined by the CERCLA EPA guidance;
  • Establish that their landowner completed AAI as defined by CERCLA EPA guidance, but later failed either with compliance or to complete additional requirements (such as remediation or documentation); or
  • Establish the tenant themselves as the BFPP by completing the AAI prior to acquiring leasehold interest and maintaining compliance with the additional requirements.

Tenant Considerations Going Forward

***** Nichole TK Moore Globest.com

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