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 video webinar with Q&A
This CLE webinar 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.
- CERCLA and the BFPP defense
- Court treatment of 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 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?
Andrew D. Otis
Kramer Levin Naftalis & Frankel
Mr. Otis provides strategic, insightful and cost-effective solutions to address the environmental remediation,... | Read More
Mr. Otis provides strategic, insightful and cost-effective solutions to address the environmental remediation, permitting, compliance, climate change, and environmental, social and governance (ESG) needs of clients across a range of industries, including in the commodity trading, mining, energy and insurance sectors. He helps clients address and mitigate environmental risks; advises on cleanups and compliance; counsels on environmental issues in domestic and cross-border mergers and acquisitions, financings, and real estate developments; and represents clients in international arbitrations involving environmental claims outside the United States. Mr. Otis also guides clients in navigating ESG policy development and reporting under the ever-evolving ESG disclosure standards and advises clients in the greenhouse gas emissions trading markets.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