WebOct 26, 2024 · The (1995-1996) Brownfields Action Agenda encouraged a cooperative approach by EPA, lenders, and prospective purchasers to ease fears of financial liability and regulatory burdens. EPA has coordinated with the Office of the Comptroller of the Currency to create incentives within the CRA regulations for economic revitalization and … WebCERCLA contains liability exemptions, affirmative defenses, and protections which may apply to a local government when it: Acquires contaminated property involuntarily by virtue of its function as a sovereign, CERCLA § 101(20)(D); Qualifies for a third party defense or innocent landowner liability protection, CERCLA §§ 107(b)(3), 101(35)(A);

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WebThe law amended the “Innocent Landowner Defense” (must have no knowledge of the contamination) and created two new categories of potential defenses against CERCLA … WebThe Innocent Purchaser Defense (and Offense) ... However, both CERCLA and the Spill Act provide a defense for "innocent purchasers" of contaminated property. Specifically, any person who owns real property on which there has been a discharge prior to ... context of landowner liability, the question therefore arises as to how a court should ... toyocaflex

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WebInnocent 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. WebMar 14, 2011 · Until the CERCLA Brownfield amendments became effective in 2002, the only hope a purchaser had was to qualify as an “innocent landowner.” The problem, … WebAug 26, 2024 · Landowners have invoked CERCLA’s third party defense to avoid the often-crippling costs of remediating contaminated property. The judicial interpretations of … toyocat-b41