Tenants Gain Improved Liability Protections Under CERCLA

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New Superfund amendments make clear that a tenant at an industrial or manufacturing site can claim the bona fide prospective purchaser (BFPP) defense to liability  and escape what would otherwise be strict, joint and several owner/operator liability when leasing a previously contaminated property. Tenants now can assert an actual BFPP defense if the tenant leases property  after January 11,2001, undertakes a pre-lease Phase I environmental assessment meeting All Appropriate Inquiry (AAI) standards, and complies with additional requirements of the BFPP defense moving forward.

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