Much thanks to Stephen E. O’Day, Andy Thompson and Phillip Hoover at the law firm of Smith, Gambrell & Russell, LLP for bringing this new EPA Guidance to the light of day.
It seems that the EPA has issued a new guidance to broaden protections of tenants even if the site owner does not qualify for protection as a Bona Fide Prospective Purchaser under CERCLA.
There apparently was some confusion in CERCLA regarding the liability of tenants who rent from landowners at brownfield sites. The EPA, as an encouragement to development of alternative energy at brownfield sites, has issued the new guidance.
For more information I recommend that you see Steve, Andy & Phillip’s article.
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