Bona Fide Prospective Purchaser Liability Protection for Tenants Explained

摘要

In 2002, CERCLA was amended by the Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Amendments). In part, the Brownfields Amendments provide liability protection for parties who qualify as bona fide prospective purchasers (BFPPs). On January 14, 2009, EPA issued a document entitled "Enforcement Discretion Guidance Regarding the Applicability of the Bona Fide Prospective Purchaser Definition in CERCLA Section 101(40) to Tenants" (Tenants Policy). The document provides guidance to EPA regional offices in exercising enforcement discretion under the BFPP provision in regards to parties that lease a property. On November 23, 2009, the agency announced the availability of a document that provides answers to frequently asked questions about the Tenants Policy.