Posted in CERCLA, Environmental Litigation, Superfund By Andrew H. Perellis , Philip L. Comella, and Craig B. Simonsen The Court found that the only issue for resolution was whether there was any evidence that the defendant, an “innocent purchaser,” was liable for the alleged re-contamination of a former Superfund site. Div. CERCLA 007. CERCLA's INNOCENT PURCHASER DEFENSE by the EPA.7 To recover those expenses incurred by the fund for remediation of environmental contamination, CERCLA imposes a strict liability scheme for parties defined as liable under the Act.8 To protect purchasers and other innocent parties from the ruth- CERCLA and other laws, as well as to establish the “bona fi de prospective purchaser” defense to CERCLA liability. Part 312. See also 40 C.F.R. Those Who May Qualify as CERCLA Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner (“Common Elements”)” U.S. Envtl. Innocent landowner (i.e., purchaser) defense—innocent purchaser did not know and had no reason to know of contamination when purchasing the site and has complied with other common elements. Superfund: CERCLA Innocent Landowner Defense. In doing so, the purchaser is entitled to assert the "innocent purchaser defense" if contamination is later discovered. While "turning a blind eye" is not a defense to CERCLA liability, "looking deep enough and finding nothing" is a defense. §§ 9601(35), (40). Section IV provides an overview of the due diligence process with a … purpose, to the innocent landowner and/or bona fide purchaser protections found in CERCLA, 42 U.S.C. Superfund is CERCLA which is an acronym for the “Comprehensive Environmental Response, Compensation, and Liability Act.” The CERCLA Innocent Landowner Defense policy was passed on December 11 in 1980, following the realization that historical hazardous waste disposal and materials handling practices were grossly negligent. The innocent purchaser defense also applies to a government entity that acquires the facility by an involuntary transfer or by eminent domain, id. 2012), it has become clear that, like CERCLA, current owners of contaminated property are subject to Spill Act liability regardless of when the relevant discharges occurred. § 101(35)(A)(2), 42 U.S.C. A purchaser of real property can seek to avoid CERCLA liability by qualifying for certain defenses, including the Innocent Landowner Defense and the Bona Fide Prospective Purchaser Defense. BRERA set out to clarify the applicability of the innocent landowner defense by, among other things, defining the "all appropriate inquiry" due diligence requirement to mean that the purchaser must (1) inquire as to the previous ownership and uses of the facility, and (2) … However, both CERCLA and the Spill Act provide a defense for "innocent purchasers" of contaminated property. § 9601(35)(A)(2), ELR STAT. 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