CERCLA and Tenants as Bona Fide Prospective Purchasers: Obtaining and Maintaining BFPP Status
Recording of a 90-minute CLE video webinar with 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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Aaron S. Mapes
Partner
Fox Rothschild
Mr. Mapes is a seasoned environmental attorney, he counsels clients on a broad range of matters... | Read More
Mr. Mapes is a seasoned environmental attorney, he counsels clients on a broad range of matters involving transactions, litigation and regulatory compliance. Mr. Mapes practice focuses on providing environmental due diligence for single- and multi-property transactions across the United States. His clients include real estate private equity funds, energy and commercial-industrial businesses, civic institutions and municipalities. Mr. Mapes has experience managing and advising clients on the environmental aspects of acquiring, financing, leasing and selling real estate.
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