Under CERCLA, liability may be based on which criterion?

Under CERCLA, liability may be based on which criterion?

• A. Fault or negligence must be proven
• B. Financial ability to pay cleanup costs
• C. Ownership of the contaminated property with no regard to fault
• D. The existence of a formal dispute resolution process

Answer: (C)

Under CERCLA, liability is imposed regardless of fault. The central idea is that those connected with a contaminated site should be responsible for cleanup costs, even if they didn’t cause the release or were not negligent. This is why owning the contaminated property carries liability with no requirement to prove fault. The owner (and other potentially responsible parties connected to the site) can be held responsible for cleanup costs based on control or ownership, not on proving negligence. This approach helps ensure that funding for cleanup is available and that responsibility is tied to who has control over or ownership of the site. It differs from fault-based liability, and it isn’t about a party’s financial means or whether there’s a dispute process for resolving differences after liability is established.

Under CERCLA, liability is imposed regardless of fault. The central idea is that those connected with a contaminated site should be responsible for cleanup costs, even if they didn’t cause the release or were not negligent. This is why owning the contaminated property carries liability with no requirement to prove fault. The owner (and other potentially responsible parties connected to the site) can be held responsible for cleanup costs based on control or ownership, not on proving negligence. This approach helps ensure that funding for cleanup is available and that responsibility is tied to who has control over or ownership of the site. It differs from fault-based liability, and it isn’t about a party’s financial means or whether there’s a dispute process for resolving differences after liability is established.