Federal Courts Provide Guidance on Bona Fide Prospective Purchaser Obligations under CERCLA Joan Hartley South Carolina Lawyer September 2011Environmental 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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