Section IV provides an overview of the due diligence process with a … §§ 9601(35), (40). 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. Part 312. 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. See also 40 C.F.R. 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) … purpose, to the innocent landowner and/or bona fide purchaser protections found in CERCLA, 42 U.S.C. CERCLA 007. The innocent purchaser defense also applies to a government entity that acquires the facility by an involuntary transfer or by eminent domain, id. Div. § 9601(35)(A)(2), ELR STAT. 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. Those Who May Qualify as CERCLA Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner (“Common Elements”)” U.S. Envtl. 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. In doing so, the purchaser is entitled to assert the "innocent purchaser defense" if contamination is later discovered. The parts of SABRA that probably have the broadest implications are revisions to the CERCLA liability scheme, in particular the third-party causation defense and the portion of that defense known as the innocent-purchaser defense. 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. CERCLA and other laws, as well as to establish the “bona fi de prospective purchaser” defense to CERCLA liability. Section III examines provisions in a purchase contract that may guide the due diligence process. Superfund: CERCLA Innocent Landowner Defense. While "turning a blind eye" is not a defense to CERCLA liability, "looking deep enough and finding nothing" is a defense. § 101(35)(A)(2), 42 U.S.C. Protection Agency (July 29, 2019), to clarify statutory criteria for meeting these landowner liability protections. 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