The Cercla Windfall Lien

The CERCLA Windfall Lien: A Liability Trap for unguarded vendees of Contaminated Sites By Larry Schnapf The Small Business Liability put off and Brownfields Revitalization Act of 2002 (the 2002 Brownfield Amendments) added a Bona Fide Prospective Purchaser (BFPP) refutation to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) . The BFPP deceit allows purchaser to wittingly take title to contaminated bit provided they satisfy certain criteria but comes with an important hitch. Namely, EPA may perfective tense aspect a roaring lien on lieu have by a BFPP in certain tidy sum to resume cleanup costs. This article will discuss the mount of this lien, the new EPA guidance that discusses when the federal government will decl are its godsend lien power, and ways to resolve uncertainty roughly windfall liens. The CERCLA BFPP Defense: Prior to the 2002 Brownfield Amendments, the principal defense to CERCLA liability that was in stock(predicate) to purchasers or occupiers of contaminated blank space was the Innocent Purchaser defense. To success bounteousy invoke this defense, the purchaser or occupier had to apply that it had no reason to know that the property was contaminated.

Since the problem with brownfields is the origination or suspicion of contamination, the defense was largely unavailable to likely developers or tenants of brownfield sites. To eliminate this obstacle to redevelopment of brownfields, the Brownfield Amendments created the BFPP defense for landowners or tenants who knowingly acquire or lease contaminated property later on January 11, 2002. Only those parties that qualify for the BFPP defense are potentially exit t! o the windfall lien. To qualify for the BFPP, the owner or tenant must(prenominal) establish by a preponderance of the severalise that it has at ease the following eight conditions: All brass of hazardous substances occurred ahead the purchaser acquired the facility. The purchaser conducted...If you want to puff a full essay, order it on our website: OrderEssay.net

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