Final EPA Rule Sets Standards for Real Estate Purchasers to Gain Exemption from Superfund Landowner Liability

Victor N. Baltera, Laura Ford Brust, Jeffrey M. Karp, Jerome C. Muys Jr., Julie A. Weisman
May 3, 2007

This Advisory discusses the EPA' s final "All Appropriate Inquiries" Rule, which was promulgated pursuant to the "Brownfields Amendments" to CERCLA (the Superfund Law). The Rule specifies the type and nature of due diligence inquiries regarding prior ownership of property that must be undertaken by a prospective purchaser in order to qualify as a "bona fide prospective purchaser" and gain an exemption from landowner liability under CERCLA.

Client Advisory (PDF)