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7th Circuit Upholds 25% CERCLA Allocation to Innocent Business Buyer

Introduction Buying a business with CERCLA issues is fraught with risk. The buyer hopes that it can price the deal correctly; which includes an estimate of what if anything the buyer can recover from the actual polluter. The deal Here,

Posted in CERCLA or superfund liability, successor liability Tagged with:

Cash Buyer of Paper Mill Assets Not Liable for Seller’s CERCLA Liability

Introduction A company is responsible under the federal CERCLA or superfund law, and often state law for cleaning up property it contaminates by hazardous waste disposal. However, the buyer of the assets of the responsible company is generally not liable

Posted in asset purchase agreement, asset seller's liabilities, CERCLA or superfund liability, de facto merger exception, successor liability Tagged with: , , , ,

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