Why a Clean Phase I Environmental Site Assessment Can Be Misleading For Those Involved With Post-Closing Construction Activities

A Phase I Environmental Site Assessment is the de facto Environmental Due Diligence standard (ASTM E1527-13) for most commercial property transactions in the United States. The Phase I is used to identify the presence or likely presence of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substances or petroleum [...]

By |2021-02-17T12:16:34-05:00February 11, 2021|News|0 Comments

The Bona Fide Prospective Purchaser Defense in Ohio

The time has come for Ohio to join the list of states that have incorporated the federal Bona Fide Prospective Purchaser (BFPP) defense to CERCLA liability. In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund.  This law provided broad federal authority to [...]

By |2020-11-20T10:57:41-05:00October 30, 2020|News|0 Comments
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