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 U S EPA s Prospective Purchaser Agreements and Comfort status Letters how Effective are They written by United States. Environmental Protection Agency. Office of Site Remediation Enforcement and published by . This book was released on 2000 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Key Information about Prospective Purchaser Agreements in Oregon written by Gil Wistar and published by . This book was released on 2011 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Oregon s Prospective Purchaser Agreement written by Charlie Landman and published by . This book was released on 2005 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Summary of Liability Protections and Public Notice Requirements Associated with Prospective Purchaser Agreement Types written by and published by . This book was released on 2017 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prospective Purchaser Agreement with Spelman College Bumper s Distribution Superfund Site written by Greer C. Tidwell and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prospective Purchaser Agreement Cleanup Action Plan written by EQUIPOISE Corporation and published by . This book was released on 1999 with total page 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 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 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 Raymark Prospective Purchaser s Agreement written by Stratford Library Association (Stratford, Conn.) and published by . This book was released on 1996 with total page 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 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 Federal Register written by and published by . This book was released on 2018 with total page 342 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 Brownfields Law and Practice written by and published by . This book was released on 1998 with total page 1012 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Joint Ventures and Shareholders Agreements written by Susan Singleton and published by Bloomsbury Publishing. This book was released on 2021-11-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baffled by joint venture and shareholder agreements? Guidance on the new PSC Register is just one of the things that small businesses need to understand. Helping you to identify the central issues involved in joint venture transactions, take effective instructions and draft good documentation using precedents, case studies and checklists. Now covers: Brexit 2020 and its impact on competition law, UK and EU; Changes to tax aspects arising from the latest Finance Acts; New case law such as - Guest Services Worldwide Ltd v. Shelmerdine [2020] EWCA Civ 85 (CA) (non-competition clauses in shareholders' agreements) and Global Corporate Limited v. Hale [2018] EWCA Civ 2618 (CA) (when payments to a director/shareholder were dividends) Key content includes: Preliminary considerations: A discussion of the nature of joint ventures and shareholders' agreements; Financing the venture; Tax and accounting considerations for UK corporate joint ventures; Regulatory matters; Employment and pension issues. Key issues in structuring and drafting UK corporate joint venture documentation and shareholders' agreements: Deadlock and minority protection; Voting rights and board representation; Restrictive covenants. Joint ventures and shareholders' agreements in practice: Articles of association; Transfers of assets; EU and UK Competition law including Brexit issues.
