New EPA Guidance Offers Tenants Liability Protection for Contamination

Tenants can be held liable for preexisting contamination on property they lease under certain circumstances.  Tenants can, however, utilize the bona fide prospective purchaser (BFPP) defense against such liability under CERCLA if the owner qualifies as a BFPP.  Additionally, EPA recently issued guidance stating that it will treat certain tenants as BFPPs, even when the…
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