The Small Business Liability Relief and Brownfields Revitalization Act, also known as the Brownfields Law, was signed into law in 2002 and amended CERCLA to provide, among other things, liability protections for non-polluters including the Bonafide Prospective Purchaser Defense (BFPP). Numerous States have implemented programs that mirror the CERCLA law to facilitate brownfields redevelopment by incentivizing parties with a liability defense to invest in site cleanup and reuse with reduced legal risk.
This session will compare three State programs and the USEPA use of BFPP agreements, explore how liability protections have driven successful redevelopment, and look forward to the long-term maintenance of a BFPP defense. Attendees will gain practical insights and concepts on how to improve your State’s program and advance the work that has already started.
- Presenters:
- David A. Franchina McGuireWoods, LLP
- Joselyn Harriger, PG North Carolina Department of Environmental Quality
- Bill Rees Utah Department of Environmental Quality
- Maryam Tasnif-Abbasi California Department of Toxic Substances Control