EnvironmentalIntermediateDelaware Exam

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

AA defense that the owner did not personally cause the contamination
BA defense available to a buyer who conducted all appropriate inquiry (AAI) before purchase and had no knowledge of contaminationCorrect
CA defense available to sellers who disclose all contamination
DA defense requiring the buyer to obtain environmental insurance

Why A defense available to a buyer who conducted all appropriate inquiry (AAI) before purchase and had no knowledge of contamination Is Correct

Answer B: A defense available to a buyer who conducted all appropriate inquiry (AAI) before purchase and had no knowledge of contamination

The innocent landowner defense (under CERCLA) protects a buyer who conducted All Appropriate Inquiry (AAI — typically a Phase I ESA) before acquisition and had no reason to know of contamination at the time of purchase.

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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