Courts Shed Light on the Application of CERCLA's Bona Fide Prospective Purchaser Defense
Purchasers who knowingly take title to real property found to be contaminated with hazardous substances during pre-purchase due diligence may be subject to liability for remediation costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), unless those purchasers are able to establish CERCLA’s bona fide prospective purchaser defense (the BFPP Defense).