CERCLA and Tenants as Bona Fide Prospective Purchasers: Obtaining and Maintaining BFPP Status

A live 90-minute CLE webinar with interactive Q&A


Tuesday, August 29, 2017 (in 8 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide guidance to environmental counsel on the steps lessees should take, before and after executing a lease, to qualify for and maintain eligibility for protection as a bona fide prospective purchaser (BFPP) under the EPA’s latest enforcement guidance and actions.

Description

The EPA issued revised enforcement guidance on how tenants leasing contaminated or formerly contaminated properties can utilize the BFPP defense against liability under CERCLA.

Tenants may be held responsible for preexisting contamination under certain conditions. However, the EPA will exercise enforcement discretion on a site-specific basis and treat certain tenants as BFPPs even when the owners of the contaminated property do not themselves qualify for or maintain a BFPP status.

Counsel must understand the necessary requirements and conditions for tenants to obtain or “derive” BFPP status from owners who qualify as BFPPs, even if an owner ceases to qualify as a BFPP.

Listen as our panel of experienced environmental attorneys explains the EPA enforcement guidance and analyzes the steps for lessees to qualify for and maintain eligibility for protection as a BFPP—both before and after executing a lease.

Outline

  1. Liability under CERCLA for tenants
  2. Overview of the BFPP defense
  3. Derivative BFPP status for tenants
  4. Direct BFPP status for tenants
  5. Comfort/status letters
  6. Best practices for tenants to obtain or maintain BFPP status

Benefits

The panel will review these and other key issues:

  • How can tenants become responsible for preexisting on-site contamination?
  • How can tenants obtain direct BFPP status?
  • How can tenants obtain derivative BFPP status?
  • How can tenants obtain a comfort/status letter from the EPA?

Faculty

Adam H. Cutler, Counsel
Fox Rothschild, Exton, Pa.

Mr. Cutler advises clients on environmental compliance and transactional matters and routinely handles permit appeals, land use and development, citizen suits, air quality, water quality, and beneficial use of solid waste matters, and counsels clients on environmental risk communication and community relations, as well as environmental policy issues. He is a frequent lecturer on environmental law topics.

David M. Moore, Partner
Smith Gambrell & Russell, Atlanta

Mr. Moore practices environmental and energy law, assisting clients in permitting, enforcement, litigation, compliance, and regulatory development. Mr. Moore is also a biologist and former U.S. EPA attorney where he was counsel for EPA regarding rule development, regulatory interpretation, development of guidance and policy, enforcement of cases of national significance, and review and approval of state delegated and authorized programs. He has extensive experience bringing and defending citizen suits under federal environmental laws.


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
Available 48 hours after the live event

How does this work?

Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The content was very helpful and the presenters clearly knew the subject matter inside and out.

Nicole Squires

Chapman and Cutler

The program was very well organized and the speakers were prepared.

Marti Sharp

Kell Alterman & Runstein

Strafford's program was well organized and provided a good level of depth.

Alex Schimel

Bilzin Sumberg

The quality of Strafford's speakers is consistently very good.

AnnMarie Sanford

Pepper Hamilton

I liked the breadth and overview of trends in case law and claims/defenses.

Donald J. Moran

Pedersen & Houpt

or call 1-800-926-7926

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Partner

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

David R. Gillay

Partner

Barnes & Thornburg

Brian D. Israel

Partner

Arnold & Porter Kaye Scholer

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

James B. Slaughter

Principal

Beveridge & Diamond

Jeffrey A. Smith

Senior Counsel

Sidley Austin

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Senior Counsel

Ring Bender

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.