Essential Environmental With Thierry Montoya

Attorney Thierry Montoya explains what buyers need to be aware of when they purchase properties that might be contaminated (also known as "brownfields"). What due diligence should they conduct, what potential exposure might they incur, and how can they protect themselves from potential liability?  Want to get in touch with us? Contact Thierry at tmontoya@alvaradosmith.com and visit AlvaradoSmith online at https://www.alvaradosmith.com.  The content of this episode reflects the views and opinions of Thierry Montoya and do not constitute legal advice.  Time stamps: 02:40 - Bona Fide Prospective Purchaser (“BFPP”) defense to future liability | CERCLA | Who are “responsible parties?” | 10 conditions of BFPP 10:20 - Three BFPP threshold requirements: Perform all appropriate inquiries, “no affiliation” demonstration, acquisition after January 11, 2002 19:52 - Continuing obligations to maintain BFPP status 21:25 - Honor land use restrictions 21:55 - Fully cooperate with governmental requests for site assistance/access 22:55 - Comply with reasonable governmental requests for information/subpoenas 25:20 - Provide all legally required notices of a prior release of hazardous substances 25:50 - Other considerations to maintain BFPP status

Show Notes

Attorney Thierry Montoya explains what buyers need to be aware of when they purchase properties that might be contaminated (also known as "brownfields"). What due diligence should they conduct, what potential exposure might they incur, and how can they protect themselves from potential liability? 

Want to get in touch with us? Contact Thierry at tmontoya@alvaradosmith.com and visit AlvaradoSmith online at https://www.alvaradosmith.com. 

The content of this episode reflects the views and opinions of Thierry Montoya and do not constitute legal advice. 

Time stamps:

02:40 - Bona Fide Prospective Purchaser (“BFPP”) defense to future liability | CERCLA | Who are “responsible parties?” | 10 conditions of BFPP

10:20 - Three BFPP threshold requirements: Perform all appropriate inquiries, “no affiliation” demonstration, acquisition after January 11, 2002

19:52 - Continuing obligations to maintain BFPP status

21:25 - Honor land use restrictions

21:55 - Fully cooperate with governmental requests for site assistance/access

22:55 - Comply with reasonable governmental requests for information/subpoenas

25:20 - Provide all legally required notices of a prior release of hazardous substances

25:50 - Other considerations to maintain BFPP status

What is Essential Environmental With Thierry Montoya?

Each new episode will cover current issues concerning the environmental, natural resources, and land use topics from the business perspective — what businesses and property owners need to know about complying with environmental regulations and protecting themselves from potential exposure, and legal strategies when litigation is involved. Thierry will use his 35 years of environmental litigation and compliance experience to disentangle and demystify the complicated world of environmental law, to help the listener understand the countless acronyms and agencies they might come across.