Brownfield Buyer Beware

The Fourth Circuit Court of Appeals recently held that a purchaser of a brownfield could be held liable for the costs of remediating hazardous substances on it, notwithstanding its bona fide prospective purchaser (“BFPP”) defense. In PCS Nitrogen Inc. v. Ashley II of Charleston LLC, 2013 WL 1340018 (4th Cir. April 4, 2013), the Court…
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