Environmental

A Maine property with a decommissioned industrial operation may have soil contamination requiring cleanup. Under CERCLA (the Superfund law), liability for cleanup may attach to:

AOnly the original polluter

BCurrent and past owners, operators, and certain transporters of hazardous waste✓ Correct

COnly the state government

DOnly the entity currently occupying the site

Explanation

CERCLA imposes strict, joint and several liability for hazardous waste cleanup on current owners, past owners at the time of disposal, operators, generators, and transporters. Buyers should conduct due diligence before purchasing potentially contaminated properties.

People Also Study

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.

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.