Environmental
A NH commercial property that operated as a dry cleaning business has elevated perchloroethylene (PCE) levels in the soil. Under CERCLA and NH law, liability for cleanup may fall on:
AOnly the original polluter
BOnly the current property owner
CCurrent and prior owners, operators, and arrangers of the disposal of hazardous substances✓ Correct
DThe NH state government exclusively
Explanation
CERCLA (Superfund) imposes joint and several liability on current owners, prior owners at the time of disposal, operators, and parties that arranged for disposal of hazardous substances. NH state law similarly provides broad liability. This makes thorough environmental due diligence critical before purchasing commercial properties.
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