EnvironmentalIntermediateAlabama Exam

CERCLA's 'innocent landowner' defense protects a buyer from Superfund liability if the buyer:

ADid not cause the contamination and conducted all appropriate inquiry before purchaseCorrect
BPurchased the property for less than market value, which is the standard approach used
CLived on the property for at least one year
DObtained title insurance before purchasing

Why Did not cause the contamination and conducted all appropriate inquiry before purchase Is Correct

Answer A: Did not cause the contamination and conducted all appropriate inquiry before purchase

The innocent landowner defense under CERCLA protects buyers who conducted appropriate environmental due diligence (such as a Phase I ESA) and had no reason to know of contamination.

Exam Tip: Environmental

Environmental questions test knowledge of hazards like asbestos, lead-based paint, radon, and mold. Know the disclosure requirements and when a professional inspection is required. CERCLA liability is strict, joint, and several.

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