Brownfields Attorneys Likely To Press EPA On Liability Protections

摘要

Private practice attorneys at a national brownfields conference this week are expected to urge EPA to update its 10-year-old "Common Elements" guidance that compiles criteria landowners must meet to qualify for various defenses to Superfund liability at brownfields properties, given recent court rulings, according to a brownfields attorney. Attorneys with EPA and private law firms are expected to discuss bonafide prospective purchaser (BFPP) liability in the wake of a recent ruling from the U.S. Court of Appeals for the 4th Circuit, with EPA possibly planning to discuss the "no affiliation" required of BFPPs, the attorney says.