Yes, in certain circumstances. EPA recognizes that there may be uncertainty regarding potential liability of certain lessees as an owner or operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as "Superfund"). Due in part to CERCLA’s explicit reference to tenants in the definition of a bona fide prospective purchaser (BFPP), EPA updated its general guidance in 2012 as to how EPA intends to exercise its enforcement discretion regarding a tenant’s potential CERCLA liability.
Are there liability protections for lessees of contaminated property?
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