Environmental
A Florida property owner discovers that the neighboring property has an underground storage tank (UST) that has leaked petroleum products onto their property. Under CERCLA, who may be liable for cleanup?
AOnly the current owner of the leaking property
BOnly the company that installed the UST
CPotentially multiple parties including current and former owners, operators, and generators who arranged for disposal✓ Correct
DOnly the state government since it must clean up all petroleum sites
Explanation
CERCLA (Superfund) imposes joint and several liability on multiple potentially responsible parties (PRPs): (1) current owners and operators of the contaminated site, (2) past owners at the time of disposal, (3) generators who arranged for disposal, and (4) transporters who selected the disposal site. This broad liability encourages due diligence.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial 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.
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