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


Conducted on Tuesday, March 28, 2017
Recorded event now available


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.

Description

Prior to asserting a BFPP defense, purchasers must understand all of the potential pitfalls. The Fourth Circuit’s ruling in PCS Nitrogen v. Ashley II limits the availability of the BFPP defense and underscores the need for purchasers to tread carefully as they must successfully prove the required elements by a preponderance of the evidence in addition to fulfilling other statutory prerequisites.

The Ashley II decision combined with the Ninth Circuit’s decision in Voggenthaler v. Maryland Square L.L.C. and others on the BFPP defense have made real estate transactions involving BFPPs more complicated. These decisions put counsel on the alert that the courts and other PRPs will carefully scrutinize a BFPP defense.

Counsel to parties involved in CERCLA litigation should proceed with caution to avoid serious potential pitfalls when seeking to qualify for the BFPP defense.

Listen as our authoritative panel of environmental law attorneys examines recent court decisions, analyzes the implications of and lessons from those decisions, and outlines how to approach asserting or confronting challenges to a BFPP defense. The panel will also offer best practices for redevelopment of contaminated sites in light of recent case law.

Outline

  1. Court treatment of bona fide prospective purchaser defense
  2. CERCLA and the BFPP defense
  3. Best practices to get and maintain the BFPP defense

Benefits

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?

Faculty

Bradley R. Sugarman, Partner
Krieg DeVault, Indianapolis

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. 

Charles S. Warren, Partner
Kramer Levin Naftalis & Frankel, New York

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.


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

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

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

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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.

Program Materials

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Program Materials

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CLE Credits By State

See CLE State Map >

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Customer Reviews

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

Marti Sharp

Kell Alterman & Runstein

The presentations were excellent and timely, and I thought the Q&A was very good.

J. Thomas Carrato

Monsanto Company

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

AnnMarie Sanford

Pepper Hamilton

The seminar was very informative and the speakers provided great handouts that will be a great reference tool in the future.

Michelle Rosenthal

Garvey Schubert Barer

I thought the practice points and recommendations from the speakers, based on years of experience, were valuable.

Felise Cooper

Allen & Overy

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Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

David R. Gillay

Partner

Barnes & Thornburg

Paul E. Gutermann

Partner

Akin Gump Strauss Hauer & Feld

Brian D. Israel

Partner

Arnold & Porter

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

Reed D. Rubinstein

Partner

Dinsmore & Shohl

James B. Slaughter

Principal

Beveridge & Diamond

Jeffrey A. Smith

Partner

Crowell & Moring

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Partner

Wrenn Bender

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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.