EnvironmentalIntermediateCalifornia Exam

The 'innocent landowner' defense requires, among other things, that the buyer conducted 'all appropriate inquiry.' For most commercial transactions, this means performing at minimum a:

APhase II ESA with soil samples
BPhase I Environmental Site AssessmentCorrect
CCERCLA-compliant remediation plan
DCalifornia Hazardous Waste Permit application

Why Phase I Environmental Site Assessment Is Correct

Answer B: Phase I Environmental Site Assessment

To qualify for the innocent landowner defense under CERCLA, a buyer must conduct all appropriate inquiry prior to purchase. For most commercial transactions, performing a Phase I ESA that meets ASTM standards satisfies this requirement.

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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