EnvironmentalIntermediateNorth Carolina Exam

An 'innocent purchaser' defense under CERCLA allows a property buyer to avoid Superfund liability IF they:

APurchased the property at a tax sale
BConducted an appropriate all-appropriate-inquiry (AAI) investigation before purchase and did not cause or contribute to contaminationCorrect
CPurchased the property before 1980
DAre an individual, not a corporation, a point that is frequently tested because it is easy to confuse with related but distinct concepts

Why Conducted an appropriate all-appropriate-inquiry (AAI) investigation before purchase and did not cause or contribute to contamination Is Correct

Answer B: Conducted an appropriate all-appropriate-inquiry (AAI) investigation before purchase and did not cause or contribute to contamination

The innocent landowner defense under CERCLA requires the purchaser to have conducted all appropriate inquiry (typically a Phase I ESA) before purchase and to have had no knowledge of contamination.

Exam Tip: Environmental

Environmental questions test knowledge of hazards like asbestos, lead-based paint, radon, and mold. Know the disclosure requirements and when a professional inspection is required. CERCLA liability is strict, joint, and several.

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