The EPA believes that this provision does not impose obligations on a BFPP that are of a similar level to those of a responsible party, such as removal of contaminated soil or the treatment of groundwater.
The ultimate difficulty in purchasing contaminated property as a BFPP is that you do not know whether you have succeeded until the court rules at the end of a federal lawsuit.
In one instance, a South Carolina developer, formed specifically to invest in redevelopment of brownfields, attempted to establish a BFPP defense for a property it purchased along the Ashley River.
Given the uncertainties involved in establishing BFPP status to purchase contaminated property, how can a purchaser evaluate the risk posed?
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