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Bona Fide Prospective Purchaser Defense

Bona Fide Prospective Purchaser Defense

Bona Fide Prospective Purchaser Defense A Lawyer's Guide

Author: Frank J. Deveau; David L. Guevara, Ph.D
Publisher: American Bar Association
ISBN: 9781627221719
Published In: June 2013
Format: Paperback , 381 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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CERLCA creates a significant barrier to the redevelopment of brownfield sites, as parties can be held liable for the entire costs of cleanup, even if they purchased the property after the contamination occurred or were otherwise innocent parties. As a result, developers have been forced to avoid the 450,000 brownfield sites nationwide.

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

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