There are potentially several uses outside CERCLA, but make sure to talk to your lawyer about those possibilities and the associated risks. Some of the possible uses that I think might be feasible include:
1) State and local law liability protections. Many states have CERCLA-like statutes enforceable at the state levels. Depending on how your state and local laws are written, they may incorporate the BFPP, innocent landowner, and contiguous property owner liability protections. The Guide may have applicability in those contexts.
2) Petroleum. Though not covered by CERCLA, the existance of petroleum releases also can create uncertainty in environmental transactions. The processes and considerations in the Guide may be useful for redevelopment efforts at petroleum sites, even though CERCLA liability protections would not be an issue. In addition, at least one state has extended BFPP protections to cover petroleum releases, which could make the process outlined in the Guide directly relevant to state law liability protections.
3) Responsible property ownership. Other environmental liaiblities exist apart from CERCLA liability. Though the proceedures in the Guide are specifically designed to address CERCLA liability protections, the principles employed by the Guide (including reasonable steps to address exposure risks and complying with land use restrictions and not impeding institutional controls) may have value outside the CERCLA context to show generally that the owner of the property has acted appropriately given its knowledge of site conditions. However, there are many potential issues with such uses. To try to use the Guide in this outside the CERCLA context, make sure to talk to your lawyer.
Other uses may exist as well, and time will tell how the Guide is ultimately used.
Comment
There are potentially several uses outside CERCLA, but make sure to talk to your lawyer about those possibilities and the associated risks. Some of the possible uses that I think might be feasible include:
1) State and local law liability protections. Many states have CERCLA-like statutes enforceable at the state levels. Depending on how your state and local laws are written, they may incorporate the BFPP, innocent landowner, and contiguous property owner liability protections. The Guide may have applicability in those contexts.
2) Petroleum. Though not covered by CERCLA, the existance of petroleum releases also can create uncertainty in environmental transactions. The processes and considerations in the Guide may be useful for redevelopment efforts at petroleum sites, even though CERCLA liability protections would not be an issue. In addition, at least one state has extended BFPP protections to cover petroleum releases, which could make the process outlined in the Guide directly relevant to state law liability protections.
3) Responsible property ownership. Other environmental liaiblities exist apart from CERCLA liability. Though the proceedures in the Guide are specifically designed to address CERCLA liability protections, the principles employed by the Guide (including reasonable steps to address exposure risks and complying with land use restrictions and not impeding institutional controls) may have value outside the CERCLA context to show generally that the owner of the property has acted appropriately given its knowledge of site conditions. However, there are many potential issues with such uses. To try to use the Guide in this outside the CERCLA context, make sure to talk to your lawyer.
Other uses may exist as well, and time will tell how the Guide is ultimately used.
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