CERCLA Bona Fide Prospective Purchaser Defense: Securing and Maintaining Liability Protection
Strategies for Overcoming BFPP Defense Challenges and Restrictions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to counsel for parties involved in the purchase of a contaminated site to secure and maintain the CERCLA bona fide prospective purchaser (BFPP) defense. The panel will offer best practices for redevelopment of contaminated sites in light of recent federal court decisions.
- Court treatment of bona fide prospective purchaser defense
- CERCLA and the BFPP defense
- Best practices to get and maintain the BFPP defense
The panel will review these and other key issues:
- What factors should purchasers consider prior to agreeing to indemnify prior owners of contaminated property?
- What are the lessons from recent court decisions for utilizing the BFPP defense?
- What steps should purchasers and counsel take to maintain CERCLA liability protection after acquiring an interest in contaminated property?
Bradley R. Sugarman
Mr. Sugarman is Chair of the firm's Environmental Practice Group. A significant area of his practice has been... | Read More
Mr. Sugarman is Chair of the firm's Environmental Practice Group. A significant area of his practice has been devoted to defending business clients in toxic tort and complex environmental litigation in both state and federal court. Mr. Sugarman also represents clients in negotiating permits under the CAA and CWA and defends businesses of all sizes in administrative enforcement proceedings for violations environmental, health and safety laws and regulations. Additionally, he represents clients in real estate and commercial transactions by assisting with environmental due diligence and drafting agreements to limit exposure to environmental liabilities.Close
Charles S. Warren
Kramer Levin Naftalis & Frankel
Mr. Warren, Chair of the firm’s Environmental Practice, counsels and represents clients in a comprehensive range... | Read More
Mr. Warren, Chair of the firm’s Environmental Practice, counsels and represents clients in a comprehensive range of environmental law matters. A former regional administrator with the U.S. EPA, he brings more than 35 years of knowledge and experience in environmental law to his work on behalf of clients. Mr. Warren advises public and privately held corporations, as well as other organizations, on compliance under state and federal environmental statutes and regulations. He also provides environmental auditing, environmental impact review and due diligence for these corporate clients, and represents them in permitting and enforcement procedures and litigation. Mr. Warren’s clients have included major real estate developers with environmental problems such as hazardous waste issues; industrial companies with air pollution, water pollution and hazardous waste issues; and creditors’ committees in bankruptcies involving major environmental issues.Close