Environmental
Under CERCLA (Superfund), which defense might protect a Connecticut buyer from liability for pre-existing contamination on a commercial property they purchase?
AThe buyer was not the one who caused the contamination
BThe innocent landowner defense, if the buyer conducted All Appropriate Inquiries (Phase I ESA) before purchase and had no knowledge of contamination✓ Correct
CThe seller signed a disclosure form
DThe property was purchased at a tax auction
Explanation
CERCLA's 'innocent landowner' defense protects buyers who conduct All Appropriate Inquiries (including a Phase I ESA) before purchase and who had no knowledge of contamination. Without this defense, CERCLA imposes strict liability on all owners.
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