Recent government policy changes, including relaxation of Superfund liability, might encourage more purchases of 'brownfields,' or contaminated properties

Article Abstract:

Policy changes directed at CERCLA will make it easier to sell 'brownfields,' or contaminated properties, because the government can in some circumstances insulate the purchasers such properties from liability. The EPA will now let prospective purchasers have some assurance of not being held liable for contamination they are not the cause of. Purchasers must give the government some benefit. At least 31 states have 'voluntary cleanup programs,' providing for state-supervised cleanup or agreements with prospective purchasers. These agreements counteract strict liability, the main disincentive for buying such sites.

United States, Purchasing, Hazardous waste sites

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Superfund liability at issue; the EPA resists a complete overhaul

Article Abstract:

The Clinton Administration EPA under Carol M. Browner is arguing, on the eve of a CERCLA reauthorization, that legislative changes are not needed. Browner has testified before Congress that CERCLA problems can be addressed with EPA regulatory and policy changes. She has established an internal task force to recommend administrative changes to the CERCLA program. Among the issues being considered are the liability of trustees and de minimis party liability under CERCLA as well as further reduction of CERCLA liability for municipalities.

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EPA offers innovative vehicle to cap liability: the EPA's Prospective Purchaser Agreements help solve buyers' potential Superfund problems

Article Abstract:

Many prospective buyers of contaminated property had by 1989 asked that the EPA enter into covenants not to sue. In response, the agency has to date made 17 Prospective Purchaser Agreements (PPA) protecting future property owners from Superfund liability. In return for the covenant not to sue, purchasers have paid either cash or in kind consideration. The agreements show the agency's willingness to devise creative solutions to Superfund problems. Required PPA provisions are detailed.

Liability of successor corporations, Corporate succession liability

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