EnvironmentalIntermediateAlaska Exam

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

APurchased the property from a government agency, which is the approach most often followed
BConducted all appropriate inquiry (AAI) before purchase and did not know of contaminationCorrect
CHas owned the property for fewer than 5 years
DIs a first-time property buyer

Why Conducted all appropriate inquiry (AAI) before purchase and did not know of contamination Is Correct

Answer B: Conducted all appropriate inquiry (AAI) before purchase and did not know of contamination

The innocent landowner defense under CERCLA shields a buyer from liability for pre-existing contamination if the buyer performed all appropriate inquiry (Phase I ESA meeting ASTM standards) before purchase and had no actual or constructive knowledge of the contamination at the time of purchase.

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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