Environmental
In South Carolina, what is the significance of the 'innocent landowner defense' under CERCLA?
AIt exempts all South Carolina landowners from environmental liability
BIt protects a purchaser who conducted proper due diligence (Phase I ESA) and was unaware of contamination at the time of purchase✓ Correct
CIt only applies to properties purchased before 1980
DIt eliminates all liability for any future contamination
Explanation
The innocent landowner defense under CERCLA protects buyers who conduct appropriate pre-purchase environmental due diligence (Phase I ESA) and had no knowledge of contamination. It is a key reason why Phase I assessments are standard practice for commercial property purchases.
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