EnvironmentalIntermediateArizona Exam

CERCLA (Superfund) in Arizona means that parties responsible for environmental contamination:

AAre not liable if the contamination was legal when it occurred

BCan be held jointly and severally liable for cleanup costs regardless of fault percentageCorrect

CAre only liable for their proportional share of cleanup

DMust clean up contamination only if directed by the EPA

Why Can be held jointly and severally liable for cleanup costs regardless of fault percentage Is Correct

Answer B: Can be held jointly and severally liable for cleanup costs regardless of fault percentage

Under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), responsible parties can be held strictly, jointly, and severally liable for cleanup costs, regardless of what percentage of contamination they caused.

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.

People Also Study

Key Terms to Know

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.