EnvironmentalIntermediateDelaware Exam

What is the 'innocent landowner defense' under CERCLA in Delaware?

AA defense based on the landowner's unawareness of the contamination

BA defense for landowners who acquired the property with all appropriate inquiries and had no knowledge of contamination at the time of acquisitionCorrect

CA defense based on the fact that the contamination occurred before 1980

DA defense available to homeowners but not commercial property owners

Why A defense for landowners who acquired the property with all appropriate inquiries and had no knowledge of contamination at the time of acquisition Is Correct

Answer B: A defense for landowners who acquired the property with all appropriate inquiries and had no knowledge of contamination at the time of acquisition

The innocent landowner defense under CERCLA protects buyers who conducted All Appropriate Inquiry (typically a Phase I ESA) before acquisition and had no knowledge of contamination. If the standard of care was met, the buyer may avoid liability.

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

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.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.