EPA Provides Comfort To Prospective Tenants At Contaminated Properties

Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA.

The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance¹ that addresses concerns raised by prospective tenants seeking to build renewable energy projects on contaminated properties. The revised guidance explains how tenants may benefit from the bona fide prospective purchaser protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). It describes when EPA intends to exercise its enforcement discretion and choose not to pursue tenants for cleanup costs under CERCLA. The revised guidance also provides model "comfort letters" that EPA's regional offices may issue to prospective tenants to provide them with information regarding environmental conditions at particular sites and inform them of EPA's policies with respect to tenants.