CERCLA and the bona fide prospective purchaser -- Element one : disposal prior to acquisition 42 U.S.C. [section] 9601(40)(A) -- Element two : all appropriate inquiries 42 U.S.C. [section] 9601(40)(B) -- Element three : legally required notices 42 U.S.C. [section] 9601(40)(C) -- Element four : appropriate care through reasonable steps 42 U.S.C. [section] 9601(40)(D) -- Element five : cooperation, assistance, and access 42 U.S.C. [section] 9601(40)(E) -- Element six : land-use restrictions and institutional controls 42 U.S.C. [section] 9601(40)(F) -- Element seven : subpoenas and information requests 42 U.S.C. [section] 9601(40)(G) -- Element eight : no affiliation 42 U.S.C. [section] 9601(40)(H) -- Prospective purchaser agreements.
Summary:
"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"--Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.