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BNA Daily Environment Report Guest Article: Superfund's Transactional Defenses and the No Affiliation Prerequisite
Jeff Civins, Mary Simmons Mendoza
To encourage brownfield redevelopment, Congress has enacted various defenses to superfund liability that require parties to show they have no affiliation with potentially responsible parties. Since then, both the courts and regulated community have been trying to decipher the meaning of the ‘‘no affiliation’’ requirement with mixed success. This article discusses the no affiliation requirement for the bona fide prospective purchaser and other superfund defenses, including a recent EPA enforcement discretion memorandum that attempts to provide guidance on it to the EPA regions.
Excerpt from Bloomberg BNA Daily Environment Report, March 12, 2012. To view the full article, click the PDF linked below.
PDF - Superfund's Transactional Defenses and the No Affiliation Prerequisite (Civins, Mendoza)