Environmental
In NH, a property owner who discovers contamination on their property from a neighboring site may be considered a:
AResponsible party with full cleanup liability
BInnocent landowner (bona fide prospective purchaser) with potential limitations on CERCLA liability if they did not cause the contamination✓ Correct
CParty with no rights against the neighboring property
DLiable party regardless of the contamination source
Explanation
CERCLA provides defenses for innocent landowners and bona fide prospective purchasers who did not cause or contribute to contamination. However, this protection requires conducting appropriate due diligence (Phase I ESA) before purchase and taking required response actions. NH state law has similar provisions.
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