Periconi, LLC

Posts tagged "Hazardous Substances"

Supreme Court May Determine When Tenants Are Subject to "Ownership Liability" Under CERCLA

When is a tenant liable as an owner under the federal Superfund law (aka CERCLA)?

No Hazardous Substances

This most common of representations and warranties is most often abused. Buyer or tender may initially want a flat representation that there are not now and never have been any Hazardous Materials on the premises or any operations that generate, use, treat, store, or dispose of Hazardous Materials. Difficulties that immediately arise include the length of time this representation will reach back, the de minimis without a qualifier based on the best knowledge. 

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