• Finality from USEPA on the Defenses Afforded Under the Brownfields Amendments
  • September 2, 2013
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • On August 15, 2013, the U.S. EPA provided some finality on their recommended environmental due diligence for establishing innocent purchaser and bona fide prospective purchaser defenses under the Brownfields Amendments to CERCLA. These recommendations are necessary to establish a defense to CERCLA’s liability scheme and allow contaminated property to be used for certain purposes. The recommendations came by way of the EPA’s approval of an updated American Society for the Testing of Materials (ASTM) Standard that is the basis of the defenses under CERCLA. The recommendations are set forth in detail in the Amendment to Standards and Practices for All Appropriate Inquiries, Federal Register, Vol. 78 No. 158. See 78 Fed. Reg. 49690 (August 15, 2013).