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Tenants Might Breathe a Little Easier

By William A. Anderson, II In new guidance, the Environmental Protection Agency (EPA) has expanded the classes of tenants that, in the exercise of its enforcement discretion, it may consider Bona Fide Prospective Purchasers (BFPPs) on a site-specific basis. See "Revised Enforcement Guidance Regarding...

Jenner & Block: DOJ Not Required To Produce Interagency Memorandum in CERCLA Case

A recent Seventh Circuit decision rejected a PRP's efforts to obtain interagency memorandum and other communications between the Environmental Enforcement and the Environmental Defense Sections within the United States Department of Justice ("DOJ"). See Menasha Corp. et al. v. United States...