Environmental
What is the 'innocent landowner defense' under CERCLA and how can Idaho buyers qualify?
AAny buyer who did not personally dump hazardous waste is automatically protected
BA defense to CERCLA liability available to buyers who conducted all appropriate inquiry (Phase I ESA) before purchase and had no knowledge of contamination✓ Correct
CA state law exemption available in Idaho but no other states
DProtection available only to government buyers
Explanation
The innocent landowner defense protects buyers from CERCLA liability if they conducted 'all appropriate inquiry' (AAI — meeting ASTM E1527-21 Phase I ESA standards) before purchase and had no reason to know of contamination. In Idaho, conducting a proper Phase I ESA before purchasing potentially contaminated commercial property is essential to preserve this defense.
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