In response to concerns that liability protection for tenants was not clear enough to encourage development of renewable energy on brownfield sites, EPA issued a guidance document on December 5 in order to broaden protections of tenants who meet certain criteria, even if the site owner does not qualify for protection as a Bona Fide Prospective Purchaser (“BFPP”).  Signed by EPA’s enforcement head Cynthia Giles and waste chief Mathy Stanislaus, the new protections are outlined in a memorandum entitled “Revised Enforcement Guidance Regarding the Treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Provision.” Under 2002 brownfield amendments to CERCLA, Section… Read more