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 Enforcement Discretion Guidance Regarding the Applicability of the Bona Fide Prospective Purchaser Definition in CERCLA Section 101 40 to Tenants written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcement Discretion Guidance Regarding the Applicability of the Bona Fide Prospective Purchaser Definition in CERCLA Section 101 40 to Tenants written by and published by . This book was released on 2009 with total page 4 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 The Bona Fide Prospective Purchaser Defense written by David L. Guevara and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bona Fide Prospective Purchaser Defense: A Guide For Lawyers, encompasses the relevant guidance documents published by United States Environmental Protection Agency and provides analysis of the key judicial decisions interpreting the Brownfields Amendments. This information allows the practitioner who is dealing with such issues to have all of resources he or she needs to advise a client. Even the most experienced practitioner will benefit from this book, as the issues and concepts associated with transactions involving contaminated properties have changed over the years and are continually evolving. Chapters include: CERCLA and the bona fide prospective purchaser Disposal prior to acquisition Legally required notices Land-use restrictions and institutional controls Subpoenas and information requests"
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 Innocent Landowners and Prospective Purchasers in the Superfund Act written by Robert Meltz and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Superfund Act contains several devices that eliminate the liability or reduce the transaction costs normally incurred under the Act by persons that acquire contaminated land. This report focuses on three of them, two addressed in the recently enacted brownfields law (P.L. 107-118). The first device is the innocent-landowner defense, available to persons who acquire land after the hazardous substance is put there, and who (among other things) find no contamination before acquisition despite “all appropriate inquiry.” The second device allows use of innocent-landowner status as a basis for early de minimis settlement with EPA. The third exempts the “bona fide prospective purchaser” from “owner” and “operator” liability despite pre-acquisition awareness of contamination on the property, if certain conditions are met.
Download or read book Environmental Enforcement written by Daniel Riesel and published by Law Journal Press. This book was released on 2023-11-28 with total page 1182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Environmental Enforcement: Civil and Criminal law book explains the potential legal consequences of enforcement actions and discusses procedures to follow to minimize exposure.
Download or read book The Position and Rights of a Bona Fide Purchaser for Value of Goods Improperly Obtained written by J. Walter Jones and published by . This book was released on 1921 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Law Handbook written by Daniel M. Steinway and published by Government Institutes. This book was released on 2009-10-15 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Twentieth Edition references all regulatory changes made in the last two years and provides legal insight into understanding the requirements of the environmental laws. It examines all of the issues and changes that have arisen since the publication of the last edition.
Download or read book Superfund Reauthorization written by United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Water Resources and Environment and published by . This book was released on 1996 with total page 1512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Commercial Real Estate Transactions Handbook written by Mark A. Senn and published by Wolters Kluwer. This book was released on 2009-01-01 with total page 2520 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the number and complexity of commercial real estate transactions reaching unprecedented levels, professionals in this high-stakes industry face a daunting task: keeping up with the constant legal and regulatory changes that can impact every phase of a deal. Commercial Real Estate Transactions Handbook, Fourth Edition will help you plan, negotiate and close deals using the insights and strategies of nationally recognized real estate attorney Mark Senn and over 20 experts in the field. Collectively, the editor and contributors have handled virtually every possible variation of commercial real estate transactions. Their clear, concise discussions will guide you step-by-step through each phase: Land and space acquisition Creating the owning entity, design and construction, due diligence, interim and term financing, and occupancy leases The ultimate sale or disposition of the project In addition, Commercial Real Estate Transactions Handbook is logically organized by topic, so you always find the information you need quickly and easily. Each chapter covers one broad topic area. Major subjects are then distilled into highly informative sections that focus on specific practice-oriented suggestions from the unique perspective of the and“less experiencedand” or and“disadvantagedand” party.
Download or read book Brownfields written by Todd S. Davis and published by American Bar Association. This book was released on 2002 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for real estate lawyers, environmental lawyers, property owners, lenders, environmental consultants, environmental regulators, state or local government leaders and developers.
Download or read book Emanuel Law Outlines for Property written by Steven L. Emanuel and published by Aspen Publishing. This book was released on 2017-05-24 with total page 861 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel® Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!
