A recent memorandum delineates how the Environmental Protection Agency plans to use its enforcement discretion when dealing with parties who, through the Superfund law, are otherwise eligible for liability protection defenses. The memorandum aims to assist EPA employees in determining who qualifies for liability defenses intended for contiguous property owners and bona fide prospective purchasers. The guidance addresses non-affiliation and is "a great start, but it probably doesn't go as far as some of us would like," attorney Timothy Haley said.

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