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What Environmental Lawyers Need to Know About CERCLA's Bona Fide Prospective Purchaser Provision - How to Protect Your Clients and Their Companies
ExecSense, May 2011, Pages: 60
In What Environmental Lawyers Need to Know About CERCLA's Bona Fide Prospective Purchaser Provision, ExecSense examines the latest updates to the 2002 Brownfield Amendments to the Superfund law (CERCLA) that provide a Superfund liability defense for property owners who qualify as “bona fide prospective purchasers (BFPP)” of known contaminated property. Take the 60 minutes to view this webinar (on your computer, mobile phone, iPad, Kindle or printed out) to understand what this important provision entails and how your clients can qualify as bona fide prospective purchasers, and learn about recent legal developments with implications for the application of the BFPP defense that you and your clients need to know about.
Upon ordering, ExecSense will email you a link to download the webinar files for viewing on your computer, mobile phone, iPod, iPad, Kindle or printed out. The downloaded files will include the PowerPoint presentation, audio narration and jpeg images of the slides (for watching on your mobile media device). Take advantage of your next commute, flight, business trip, lunch, or free hour in your schedule to view this webinar.
The webinar is led by an expert in CERCLA’s bona fide prospective purchaser provision, Daniel Flynn, associate of Seyfarth Shaw LLP, and focuses on:
- Everything you need to know in 60 minutes about the latest updates to the 2002 Brownfield Amendments to the Superfund law that provide a Superfund liability defense for property owners who qualify as “bona fide prospective purchasers” of known contaminated property
- Comprehensive overview of the BFPP defense, including the requirements for qualifying as a bona fide prospective purchaser (e.g. not contribute to the contamination at any time, not have any affiliation with persons potentially liable for response costs at the property, comply with any environmental land use controls imposed by the state, take reasonable steps regarding the contamination, cooperate with those cleaning up the property, etc.)
- Perspective on recent case law regarding the BFPP defense – Ashley II of Charleston, LLC v. PCS Nitrogen, Inc. et al. (D.S.C. 2010) (owner failed to qualify as BFPP) and 3000 E. Imperial, LLC v. Robertshaw Controls Co. (C.D. Cal. 2010) (owner qualified as BFPP) – and implications going forward for purchasers of contaminated properties who rely on the BFPP defense to avoid potential CERCLA liability
- The 10 questions most asked by environmental lawyers with respect to qualifying their clients for the BFPP defense in light of these recent legal developments
- Case studies of how other environmental lawyers are already approaching the BFPP defense differently in light of this recent case law, what new strategies they are using to qualify their clients for the defense, and important lessons learned that you and your clients need to know about
Praise for ExecSense Webinars:
'An expeditious way to obtain authoritative current information and ideas on a subject of interest.' – David Kera, Partner, Oblon Spivak
'Just in time information to improve knowledge of current topics and trends.” – Thomas M. Armstrong, Attorney, Reid and Riege
“Well organized, well articulated, and easy to follow. The ExecSense webinar I attended was the best virtual learning experience I've had in quite some time.” – Brian K. Moore, HR Communications, Humana
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