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Event Information:
The Best Offense Is a Good Defense - A Review of the Bona Fide Prospective Purchaser Defense


Date and Time:
7/24/2019 at 3:00 PM, Duration: 45 Minutes


Description:

Are you considering purchasing a commercial or industrial property that may have environmental contamination?  Are you aware of the term bona fide prospective purchaser (“BFPP”) and how it can protect you from liability?  In 2002, Congress enacted the Small Business Liability Relief and Brownfields Revitalization Act (the “Brownfields Amendments”).  The Brownfields Amendments amended CERCLA to exclude persons who qualify as a BFPP from liability under CERCLA.  To be eligible for BFPP status, a purchaser must satisfy specific criteria outlined in CERCLA, including three threshold requirements and five continuing obligations.  We will detail these requirements and obligations, as well as review how Midwestern states like Indiana, Michigan, and Pennsylvania have structured programs around the BFPP. This webinar will also cover a recent legislative Brownfield reform bill introduced in Ohio in an attempt to bring state law in line with Federal regulations regarding the BFPP.  Finally, a few case studies will be presented detailing how contaminated properties have been addressed through different state BFPP programs.



About the Presenter:
Brandon Lewis

Brandon C. Lewis is a Senior Project Manager for Closure Services in August Mack’s Ohio office. He has 12 years of environmental consulting experience. His professional experience and technical expertise lies in RCRA Corrective Action (federal and state level), underground storage tank (UST) closures, subsurface investigations, groundwater monitoring, vapor intrusion, data evaluation, remedial evaluation/construction, and remedial systems operations.  Brandon is also experienced in phase I assessments, asbestos surveys, and asbestos abatement oversight.  Brandon provides technical project oversight and staff development of the Ohio office’s Closure department.

 

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