Environmental
Under CERCLA (the federal Superfund law), an 'innocent landowner' defense to liability for environmental cleanup requires the purchaser to demonstrate they conducted:
AA visual inspection only
BAll Appropriate Inquiries (AAI) — typically a Phase I Environmental Site Assessment — before purchase✓ Correct
CA Phase II environmental assessment with soil and groundwater sampling
DA signed seller affidavit that no contamination exists
Explanation
CERCLA's innocent landowner defense requires the purchaser to have conducted 'All Appropriate Inquiries' (AAI) before purchase, typically meeting the ASTM E1527-21 standard for Phase I Environmental Site Assessments. A Phase I involves records review, site reconnaissance, interviews, and a report. If the Phase I reveals Recognized Environmental Conditions (RECs), a Phase II (sampling/testing) may be required. Merely getting a seller's affidavit is insufficient.
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