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Kelley Drye & Warren LLP | USA | 1 Apr 2011

The narrowing safe harbor of CERCLA liability protection for prospective purchasers

In the nine years following enactment of the Brownfields Revitalization and Environmental Restoration Act (“BRERA”), Public Law 107-118, which amended the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (“CERCLA” or “Superfund”) to encourage redevelopment of brownfields and potentially contaminated properties through CERCLA liability protections, few court rulings have addressed how those protections apply in specific cases.

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