Environmental
Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund), liability for hazardous waste cleanup can be imposed on:
AOnly the party that originally deposited the hazardous waste
BCurrent owners, past owners, operators, and transporters of hazardous substances — even if they were not responsible for the contamination✓ Correct
COnly government entities that permitted the contamination
DOnly the party that purchased the property after contamination was known
Explanation
CERCLA imposes strict, joint, and several liability on a broad class of potentially responsible parties (PRPs), including current and past owners, operators, generators, and transporters of hazardous substances — regardless of fault or knowledge at the time.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Joint TenancyCo-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.
VarianceOfficial 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.
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