SARA introduced which defense to CERCLA liability?

SARA introduced which defense to CERCLA liability?

• A. Innocent landowner exception
• B. Government cannot be liable defense
• C. Public health defense
• D. Innocent landowner defense

Answer: (D)

SARA added an innocent landowner defense to CERCLA liability. This defense protects landowners who did not know about a release before buying the property and who acted with proper due diligence. To qualify, the owner must have conducted all appropriate inquiries into the property's previous ownership and uses before acquiring it, must not have contributed to the release, must not be affiliated with any party responsible for the contamination, and must not have knowledge of the contamination at the time of purchase. If these conditions are met, the landowner can avoid CERCLA liability for cleanup costs and related damages. The other options don’t reflect the officially recognized defense created by SARA.

SARA added an innocent landowner defense to CERCLA liability. This defense protects landowners who did not know about a release before buying the property and who acted with proper due diligence. To qualify, the owner must have conducted all appropriate inquiries into the property's previous ownership and uses before acquiring it, must not have contributed to the release, must not be affiliated with any party responsible for the contamination, and must not have knowledge of the contamination at the time of purchase. If these conditions are met, the landowner can avoid CERCLA liability for cleanup costs and related damages. The other options don’t reflect the officially recognized defense created by SARA.