In the first appellate court ruling to address the post-closing obligations of a party asserting the Superfund bona fide prospective purchaser (BFPP) defense, the U.S. Court of Appeals for the Fourth Circuit affirmed that a South Carolina brownfields developer forfeited the defense because of its failure to exercise due care with regard to existing contamination. … Continue Reading
The US Government Accountability Office (GAO) recently released a report critiquing the EPA’s efforts under the Toxic Substances Control Act (TSCA) and recommending that EPA take more aggressive steps under TSCA to achieve the agency’s goals of ensuring the safety of chemicals. The GAO report, “EPA Has Increased Efforts to Assess and Control Chemicals, but … Continue Reading
