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 course will guide 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 the redevelopment of contaminated sites in light of recent federal court decisions and EPA guidance.
Outline
- Court treatment of BFPP defense
- CERCLA and the BFPP defense
- Best practices to get and maintain the BFPP defense
Benefits
The panel will review these and other key issues:
- What factors should purchasers consider before agreeing to indemnify prior owners of a 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 a contaminated property?
Faculty
Toni L. Finger
Special Counsel
Kramer Levin Naftalis & Frankel
Ms. Finger advises developers, universities, hospitals and nonprofit organizations on the environmental aspects of real... | Read More
Ms. Finger advises developers, universities, hospitals and nonprofit organizations on the environmental aspects of real estate development and land use, including compliance with environmental statutes, regulations and permits, and defends clients facing regulatory enforcement proceedings. She also guides clients through the investigation, remediation and redevelopment of contaminated sites, including brownfield cleanups and compliance with New York City (E) designations. Ms. Finger has represented clients subject to federal, state and local environmental impact review processes, including the National Environmental Policy Act, the New York State Environmental Quality Review Act and New York City’s Environmental Quality Review.
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Charles S. Warren
Partner
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.
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