Environmental
Under CERCLA, which party may avoid cleanup liability through the 'innocent landowner' defense?
AAll current property owners automatically
BA purchaser who conducted all appropriate inquiry before purchase and had no knowledge of contamination✓ Correct
CAny party who purchases property at auction
DParties who inherited the property
Explanation
The CERCLA innocent landowner defense requires that the purchaser conducted all appropriate inquiry (Phase I ESA) consistent with good commercial practice and had no reason to know of contamination. This is also called the bona fide prospective purchaser protection.
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