In June 2026, Aria considered buying a former dry-cleaning property after a consultant found known solvent contamination. She still wanted to buy the parcel for redevelopment and asked whether any CERCLA protection could still be available. Which answer is best?
Correct Answer
B) She may seek bona fide prospective purchaser protection if she completed AAI before acquisition and meets continuing obligations
A bona fide prospective purchaser may buy property with knowledge of contamination and still seek CERCLA liability protection if the statutory requirements are met. Those requirements include completing all appropriate inquiries before acquisition and satisfying continuing obligations such as taking reasonable steps regarding hazardous substances.
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Previous Question
In March 2026, Nina bought an abandoned metal-plating facility. Six months later, EPA identified hazardous substance contamination from disposal practices that occurred decades before Nina owned the site. Which statement is most accurate under CERCLA?
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In August 2026, Leo closed on an older industrial parcel without ordering any environmental inquiry. After closing, he commissioned a Phase I environmental site assessment and asked whether that late report could preserve a CERCLA landowner defense based on pre-purchase diligence. Which answer is best?