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You are here: Home » Resources » Articles » Tenant Liability CERCLA Changes Under 2018 BUILD Act

May 1, 2018

Tenant Liability CERCLA Changes Under 2018 BUILD Act

By Nicole TK Moore, REPA

CLEARER PATH FOR PROTECTION WITH BFPP DEFENSE

On March 23, 2018, Congress passed, and the President signed into law, the omnibus spending bill known as the Consolidated Appropriations Act of 2018. Buried in Section N of the spending bill is a provision called the BUILD Act (“Brownfields Utilization, Investment, and Local Development Act of 2018”), which amends sections of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” (BFPP) defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.

To continue reading the full GlobeSt blog post, click here

About the Authors

Nicole TK Moore, REPA

Nicole TK Moore, REPA

National Technical Director of Environmental Site Assessments
A founding member, shareholder and executive member of Partner Engineering and Science, Inc., Nicole TK Moore serves as the National Technical Director for the Environmental Consulting Practice where her expertise has been instrumental in propelling the firm to the top of the industry. By creating and implementing a detailed and invaluable training program and by providing on-going guidance for existing and new Environmental Site Assessment (ESA) professionals across the company, Ms. Moore continually advances Partner’s technical excellence in the field. Ms. Moore plays a critical role in recruitment, on-boarding and training of staff and Project Managers in the environmental group. Under her directorship, Partner’s Environmental Practice has grown fifty-fold. Ms. Moore not only pushes her staff to be the best in the industry, she also has played a key role during her 20+ years in the ESA industry in progressing the industry itself. By being a member of ASTM International (ASTM) and the Environmental Bankers Association (EBA), she has influenced significant changes to ASTM, Freddie Mac, Fannie Mae and other ESA scopes.

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