Monthly Archives: October 2011

Brownfield Developer Fails to Meet BFPP Defense; Found Liable Under CERCLA for Removing Concrete Slab Above Contaminated Soil

This Saline, Michigan case adds another decision to similar recent cases such as Ashley II and Robertshaw, which assess whether current owners of contaminated property met CERCLA’s Bona Fide Prospective Purchaser (BFPP) defense.  It also showcases the interesting legal question concerning the relation between BFPP requirements to (1) take reasonable steps, after acquisition, to prevent “releases” and (2) […]