Federal Courts Provide Guidance on Bona Fide Prospective Purchaser Obligations under CERCLA

Joan Hartley
South Carolina Lawyer    September 2011

Environmental law attorney Joan Hartley authored "Federal Courts Provide Guidance on Bona Fide Prospective Purchaser Obligations under CERCLA" for the September 2011 edition of South Carolina Lawyer.  The article begins:

Your client wishes to buy a piece of commercial property that was once an industrial site. The client has obtained an Environmental Site Assessment (ESA) from a qualified consulting firm.  The ESA reveals that there are contaminants on the property, most likely from operations of a prior owner.  The client is aware that she may be able to avoid liability for pre-existing contaminations of the property by performing the ESA.  But is the ESA enough?

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