Environmental
The innocent landowner defense under CERCLA is available to buyers who:
APurchased property from a government agency
BConducted all appropriate inquiries (Phase I environmental assessment) before purchase and did not know of contamination✓ Correct
CWere unaware of contamination regardless of due diligence
DPurchased the property in a foreclosure sale
Explanation
The innocent landowner defense protects buyers who conducted 'all appropriate inquiries' (AAI) before purchasing—typically a Phase I Environmental Site Assessment—and had no knowledge of contamination. This defense requires good faith and no contribution to the contamination.
Related Utah Environmental Questions
- The EPA's Toxic Substances Control Act (TSCA) specifically addresses:
- CERCLA (the Superfund law) primarily addresses:
- When selling a pre-1978 home in Utah, federal law requires disclosure of:
- Utah's Brownfields program helps communities by:
- Asbestos in a Utah commercial building built before 1981 must be:
- A property in Utah with documented hazardous waste contamination should be disclosed to buyers because:
- FEMA flood maps in Utah designate Special Flood Hazard Areas (SFHAs) where:
- The Resource Conservation and Recovery Act (RCRA) regulates:
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