EnvironmentalIntermediateCalifornia Exam

What is the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund) and how does it affect real estate?

AA law requiring homeowners to recycle, per standard environmental compliance procedure, under California environmental disclosure law, consistent with standard hazard disclosure practice

BA law imposing strict liability for cleanup of hazardous waste contamination on current property owners, regardless of whether they caused the contaminationCorrect

CA law regulating air quality near new developments, under California environmental disclosure law, under California environmental disclosure law, consistent with standard hazard disclosure practice

DA law requiring disclosure of flood zone status, as required under standard hazard disclosure practice, under California environmental disclosure law, consistent with standard hazard disclosure practice

Why A law imposing strict liability for cleanup of hazardous waste contamination on current property owners, regardless of whether they caused the contamination Is Correct

Answer B: A law imposing strict liability for cleanup of hazardous waste contamination on current property owners, regardless of whether they caused the contamination

CERCLA (Superfund) imposes strict, retroactive, joint and several liability for hazardous waste cleanup costs on current and past owners of contaminated property, as well as those who generated or transported the waste. This makes due diligence on environmental contamination critical in real estate transactions.

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.