CERCLA and Tenants as Bona Fide Prospective Purchasers: Obtaining and Maintaining BFPP Status
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to environmental counsel on the steps lessees should take, before and after executing a lease, to qualify for and maintain eligibility for protection as a bona fide prospective purchaser (BFPP) under the EPA’s latest enforcement guidance and actions.
Outline
- Liability under CERCLA for tenants
- Overview of the BFPP defense
- Derivative BFPP status for tenants
- Direct BFPP status for tenants
- Comfort/status letters
- Best practices for tenants to obtain or maintain BFPP status
Benefits
The panel will review these and other key issues:
- How can tenants become responsible for preexisting on-site contamination?
- How can tenants obtain direct BFPP status?
- How can tenants obtain derivative BFPP status?
- How can tenants obtain a comfort/status letter from the EPA?
Faculty
Adam H. Cutler
Counsel
Fox Rothschild
Mr. Cutler advises clients on environmental compliance and transactional matters and routinely handles permit appeals,... | Read More
Mr. Cutler advises clients on environmental compliance and transactional matters and routinely handles permit appeals, land use and development, citizen suits, air quality, water quality, and beneficial use of solid waste matters, and counsels clients on environmental risk communication and community relations, as well as environmental policy issues. He is a frequent lecturer on environmental law topics.
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David M. Moore
Partner
Smith Gambrell & Russell
Mr. Moore practices environmental and energy law, assisting clients in permitting, enforcement, litigation, compliance,... | Read More
Mr. Moore practices environmental and energy law, assisting clients in permitting, enforcement, litigation, compliance, and regulatory development. Mr. Moore is also a biologist and former U.S. EPA attorney where he was counsel for EPA regarding rule development, regulatory interpretation, development of guidance and policy, enforcement of cases of national significance, and review and approval of state delegated and authorized programs. He has extensive experience bringing and defending citizen suits under federal environmental laws.
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