Tenant Liability CERCLA Changes Under 2018 BUILD Act

One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.

1 minute read August 01, 2018 at 12:05 AM

Nicole TK Moore

A Tenant Concern

Owners of sites,
Operators of sites,
Transporters of hazardous substances, and
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;

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