Superfund Case Study

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Aside from clarification and perhaps reducing liability through statute, the Superfund remains an incentive for environmental protection. If lenders can readily inspect their borrower’s facilities and change – or completely void – the contract, then lenders have effectively mitigated losses. In turn, borrowers need to maintain a satisfactory level of environmental compliance not just for the EPA, but for lenders and their hired investigators. Unfortunately, this process is only effective with through and regular investigations. Without the imminent threat of a voided contract, borrowers may simply continue business as usual and release large amounts of hazardous material into the environment.
Imagine a National Lender/Borrower Visit Day where

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