Environmental
A North Dakota landowner near a designated Superfund site is concerned about potential liability. They should consult with an attorney about:
AWhether to sell the property immediately
BWhether they qualify for any CERCLA defenses or limitations on liability based on their role as a landowner✓ Correct
CWhether to report the Superfund site to the NDREC
DWhether to install a fence around their property
Explanation
CERCLA provides several defenses (innocent landowner, contiguous property owner, bona fide prospective purchaser) that may limit or eliminate liability for adjacent or potentially impacted landowners who meet specific criteria.
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