CERCLA and Tenants as Bona Fide Prospective Purchasers: Obtaining and Maintaining BFPP Status
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide guidance to 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 CERCLA. The panel will examine the EPA's latest enforcement guidance and actions.
Outline
- Liability under CERCLA for tenants
- Overview of the BFPP defense, including new PFAS enforcement discretion
- Derivative BFPP status for tenants
- Direct BFPP status for tenants
- Relevant EPA Guidance and policies
- 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 and maintain direct BFPP status?
- How can tenants obtain and maintain derivative BFPP status?
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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Karen H. Davis
Partner
Fox Rothschild
Ms. Davis is Co-chair of the firm's Environmental, Social and Governance (ESG) Practice Group, she advises... | Read More
Ms. Davis is Co-chair of the firm's Environmental, Social and Governance (ESG) Practice Group, she advises clients on a variety of compliance issues, identifying practical and creative solutions to complex challenges. Ms. Davis also advises clients on issues related to development and implementation of company-wide compliance programs, and supply chain and social responsibility programs. She has extensive experience conducting due diligence in a wide range of compliance areas including anti-corruption, environmental, international trade, privacy and supply chain. Ms. Davis is well-versed in negotiating terms and conditions in deal documents to mitigate compliance risks and developing and implementing integration plans.
CloseEarly Discount (through 10/25/24)
Cannot Attend November 19?
Early Discount (through 10/25/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.