Remove Claims Remove Compensation Remove Defense Remove Leases
article thumbnail

Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. The cases interpreting CERCLA make clear that the mere execution of a lease does not necessarily make a tenant liable as an owner or operator under the law. 9601 et seq.,

Liability 149
article thumbnail

Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. The potential applicability of the BFPP protection to a tenant who leases contaminated or formerly contaminated real estate has been the subject of debate for the decades since the CERCLA’s enactment.

Liability 156
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

I Just Read my 1000th Phase I Environmental Site Assessment this Year

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. The potential applicability of the BFPP protection to a tenant who leases contaminated or formerly contaminated real estate has been the subject of debate for the decades since the CERCLA’s enactment.

Site 156
article thumbnail

Tenants Order Phase l to Avoid Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. The cases interpreting CERCLA make clear that the mere execution of a lease does not necessarily make a tenant liable as an owner or operator under the law. 9601 et seq.,

Liability 120
article thumbnail

New Mexico Incentives and Workforce Development Guide

Buisness Facilities Contributed Content

Advanced Energy Deduction & Advance Energy Tax Credit: Receipts from selling or leasing tangible personal property or services that are eligible generation plant costs to a person that holds an interest in a qualified generating facility are deductible from gross receipts and compensating tax.

article thumbnail

New Mexico Incentives and Workforce Development Guide

Buisness Facilities Contributed Content

The credit may only be claimed for up to one year after the end of the four qualifying periods. The credit can be applied to the state portion of the gross receipts tax, compensating tax and withholding tax. The taxpayer claims the credit within one year following the end of the year in which the expenditure was made.

article thumbnail

State by State Incentives Guide

Buisness Facilities Contributed Content

The principal and interest on the bonds are paid solely from the funds derived from leasing or selling the facilities to the user company. This credit can also be claimed against the insurance premium tax, the oil and gas production and property taxes, the fisheries business and landing taxes, and the mining license tax.

Income 108