Download or read book Guidance on Settlements with Prospective Purchasers of Contaminated Property written by United States. Environmental Protection Agency and published by . This book was released on 2000 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past several years, EPA has entered into a number of prospective purchaser agreements to enable purchasers to buy contaminated property for cleanup, redevelopment or reuse. The 1989 guidance required EPA to receive substantial benefits in terms of work or reimbursement of response costs that otherwise would not have been available. While some agreements required performance of cleanup work on contaminated parcels prior to their redevelopment, others provided covenants not to sue for purchase of uncontaminated portions of larger Superfund sites. EPA's experience has demonstrated that prospective purchaser agreements might be both appropriate and beneficial in more circumstances than contemplated by the 1989 guidance. The Agency now believes that it may be appropriate to enter into agreements resulting in somewhat reduced benefits to the Agency through cleanup or response costs or in benefits that also may be available from other parties. These agreements in turn should provide substantial benefits to the community through the creation or retention of jobs, productive use of abandoned property, or revitalization of blighted areas.
Download or read book Summary of Guidance on Landowner Liability Under Section 107 a 1 of CERCLA de Minimis Settlements Under Section 122 g 1 b of CERCLA and Settlements with Prospective Purchasers of Contaminated Property written by United States. Office of Waste Programs Enforcement. CERCLA Enforcement Division and published by . This book was released on 1991 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidance on Landowner Liability Under Section 107 A 1 of CERCLA Deminimis Settlements Under Section 122 G 1 B of CERCLA and Settlements with Prospective Purchasers of Contaminated Property written by E.E. Reich and published by . This book was released on 1989 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prospective Purchaser Agreements written by Elizabeth Glass Geltman and published by American Bar Association. This book was released on 1997 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidance on Landowner Liability Under Section 107 a 1 of CERCLA de Minimis Settlements Under Section 122 g 1 B of CERCLA and Settlements with Prospective Purchases of Contaminated Property written by United States. Environmental Protection Agency and published by . This book was released on 1989 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidance on Agreements with Prospective Purchasers of Contaminated Property written by United States. Environmental Protection Agency. Enforcement and Compliance Assurance and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Innocent Landowners and Prospective Purchasers Under the Superfund Act written by and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Superfund Act contains several mechanisms that eliminate or contain liability, or reduce liability-related transaction costs, normally incurred under the Act by persons that acquire contaminated land. This report covers three of them. Two mechanisms use innocent landowner status -- "innocent" referring to a landowner's lack of actual or constructive knowledge on the date of site acquisition as to the presence of hazardous contamination there. The third is based on the bona fide prospective purchaser concept, and is intended to encourage redevelopment of sites known at the time of acquisition to be contaminated. The first innocent landowner mechanism uses that status to invoke the Superfund Act's third-party defense to liability. One prerequisite is that the release of hazardous substances must have been caused solely by a third party lacking a contractual relationship with the defendant. A landowner is defined to lack a contractual relationship with predecessors in the chain of title if the disposal of the hazardous substances on the site preceded acquisition by the owner and at the time of acquisition he/she did not know and had "no reason to know" that the hazardous substance had been disposed of there. "No reason to know," in turn, means that before the date of acquisition, he/she made "all appropriate inquiry" into conditions at the site and the history of site uses. In 2002, Congress enacted an important clarification of the meaning of "all appropriate inquiry." The other prerequisite is that the landowner continued after acquisition to exercise due care, took precautions against foreseeable acts of the third party, etc. The second innocent landowner mechanism makes a current landowner identified by EPA as potentially liable eligible for a "de minimis settlement" with the agency. A de minimis settlement enables a landowner to settle early with EPA and thereby avoid protracted, expensive negotiations with the agency and a myriad of other liable parties over the allocation of liability at the site. Eligibility requires, among other things, that all appropriate inquiry was done by the owner prior to acquisition. This mechanism has not been used often. The third mechanism aims not to exempt a landowner from liability, but to limit that liability prior to purchase. Its origin lies in the belief that Superfund liability may chill investment in real property that is known or feared to be contaminated ("brownfields"). In 1989, EPA offered in "very limited circumstances" to enter into "prospective purchaser agreements" -- negotiated settlements with would-be purchasers of land by which EPA covenanted not to sue. Congressional desire for a less resource-intensive method of encouraging redevelopment of brownfields led to its creation in 2002 of a new exemption from liability, for the "bona fide prospective purchaser." Eligibility requires that the person not impede the site cleanup, made all appropriate inquiry, etc. Some have urged that buyers of contaminated land pursue both prospective purchaser agreements with EPA and bona fide prospective purchaser status, but EPA guidance states that the availability of the former is limited now.
Download or read book The Bona Fide Prospective Purchaser Defense written by David L. Guevara and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The first edition has been updated by gathering the relevant guidance documents published by the United States Environmental Protection Agency and analyzing the key judicial decisions examining and interpreting the elements of the bona fide prospective purchaser defense. Environmental, real estate, and transactional lawyers, among others, all will benefit from this second edition of The Bona Fide Prospective Purchaser Defense in CERCLA: A Guide for Lawyers"--
Download or read book The Bona Fide Prospective Purchaser Defense written by David L. Guevara and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The first edition has been updated by gathering the relevant guidance documents published by the United States Environmental Protection Agency and analyzing the key judicial decisions examining and interpreting the elements of the bona fide prospective purchaser defense. Environmental, real estate, and transactional lawyers, among others, all will benefit from this second edition of The Bona Fide Prospective Purchaser Defense in CERCLA: A Guide for Lawyers"--
Download or read book Amending CERCLA written by Michael Gerrard and published by American Bar Association. This book was released on 2006 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three important amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) narrowed the Act's liability to address specific policy objectives. This book is a single-source compendium of this legislation, leading court decisions, and administrative implementation, including the annotated statute, EPA guidance documents, and CD-ROM with the entire legislative history of CERCLA.
Download or read book Federal Register written by and published by . This book was released on 2000 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lender Liability Under Superfund written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Transportation and Hazardous Materials and published by . This book was released on 1990 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations for 1999 written by United States. Congress. House. Committee on Appropriations. Subcommittee on VA, HUD, and Independent Agencies and published by . This book was released on 1998 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations for 1999 Environmental Protection Agency written by United States. Congress. House. Committee on Appropriations. Subcommittee on VA, HUD, and Independent Agencies and published by . This book was released on 1998 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impact of Superfund Lender Liability on Small Businesses and Their Lenders written by United States. Congress. House. Committee on Small Business and published by . This book was released on 1990 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impact of Superfund Lender Liability on Small Business and Their Lenders written by United States. Congress. House. Committee on Small Business and published by . This book was released on 1990 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Catalog of Superfund Program Information Products 1994 written by United States. Environmental Protection Agency. Office of Emergency and Remedial Response and published by . This book was released on 1994 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
