Environmental Due Diligence for Corporate Transactions: The Bona Fide Purchaser and the All Appropriate Inquiry Rule

A few months ago we posted our first blog on environmental due diligence, and as promised, we will continue to post on this important subject. This week we will focus on the popular, yet oft-mistaken, bona fide purchaser exception and the all appropriate inquiries rule (AAI rule) under CERCLA. In purchasing property, a buyer will conduct an assessment to determine whether a parcel (or property connected to an entity being acquired) has potential environmental contamination concerns and whether any issues
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EPA’s “Sham Recycling” Rule Partially Discarded by D.C. Circuit

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia struck down portions of a 2015 U.S. Environmental Protection Agency final rule designed to limit “sham recycling” of hazard waste materials. See American Petroleum Institute v. Environmental Protection Agency, 2017 WL 2883867 (2017). In 2015, EPA promulgated a final rule (Final Rule) under the Resource Conservation and Recovery Act (RCRA) attempting to prevent “sham recycling.” The Final Rule came as a result of years of negotiation,
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