The Narrowing Safe Harbor of CERCLA Liability Protection for Prospective Purchasers

The article addressed the impact of the Brownfields Revitalization and Environmental Restoration Act (BRERA), which amended the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The author sets forth BRERA’s goals and analyzes the Ashley II ruling. He discusses how the case applies to ​“innocent landowners” and provides guidance on how BRERA liability exemptions should be applied.