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Expert Analysis

4th Circ. Weighs In On Bona Fide Purchaser Defense

Law360, New York (May 15, 2013, 12:42 PM EDT) -- On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the bona fide prospective purchaser (BFPP) defense that Congress added to the Comprehensive Environmental Response, Compensation and Liability Act in the Small Business Liability Relief and Brownfields Revitalization Act. ...

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