Periconi, LLC Environmental Law Blog

Matthew Jokajtys | April 30, 2013

EPA has just extended to tenants the Bona Fide Prospective Purchaser (“BFPP”) protection, by which Congress previously exempted certain prospective owners from harsh Superfund liability. Even where the landlord loses its BFPP protection, the new EPA enforcement guidance memo allows tenants to hold onto it, assuming the tenant can meet certain requirements. Traditionally, a tenant derived [...]

Category: Administrative Procedures Act - APA, Bankruptcy and Environmental Law, Environmental Due Diligence, Environmental Risk & Insurance, Federal Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: brownfields cleanup, CERCLA, CERClA liability, cleanup removal, contaminant, cost recovery action, environmental, environmental requirements, environmental site assessment, groundwater contamination, hazardous waste, potentially responsible party, property, PRP, real estate transaction, strict liability

James J. Periconi, Esq. | November 7, 2011

In our last post, “Bankruptcy Does Not Discharge All Liability to Cleanup a Contaminated Site: Part I,” we discussed the background of In re Mark IV Industries, Inc., 2011 U.S. Dist. LEXIS 110595 (S.D.N.Y., Sept. 28, 2011), describing the events that led up to the filing of the lawsuit and the Bankruptcy Court’s decision.  In [...]

Category: Bankruptcy and Environmental Law | No Comments »
Tags: bankruptcy, cleanup removal, Owner or Operator Liability

James J. Periconi, Esq. | October 31, 2011

The United States District Court for the Southern District of New York recently confirmed that a party’s liability to clean up a contaminated property was not discharged as part of a Chapter 11 reorganization, since such liability was not a “claim” under the Bankruptcy Code. See In re Mark IV Industries, Inc., 2011 U.S. Dist. [...]

Category: Bankruptcy and Environmental Law | No Comments »
Tags: bankruptcy, cleanup removal, Owner or Operator Liability