# What is the innocent land owner defense in relation to CERCLA?

- Link: https://moran.rocks/what-is-the-innocent-land-owner-defense-in-relation-to-cercla/
- Published: 2024-02-15T17:37:15-05:00
- Author: Nicholas Moran

The innocent landowner defense is a legal defense that can be used under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), also known as 
Superfund, to avoid liability for cleaning up contamination on one’s property. Specifically,
it requires landowners to prove that:

 * The contamination occurred prior to purchasing the land, and the landowner did
   not know about or have reason to know about the contamination. This is often 
   proven through environmental site assessments done before purchase.
 * The landowner undertook “all appropriate inquiry” into past uses of the property
   and the likelihood of contamination prior to purchase. This standard requires
   taking reasonable steps to uncover information about possible contamination.
 * The landowner took reasonable steps to stop any ongoing releases of hazardous
   substances once found and prevent any threatened future releases. This can include
   reporting contamination to authorities and preventing access to contaminated 
   areas.
 * The landowner fully cooperated with authorities such as the EPA regarding cleanup
   once contamination was identified.

The key aspects are demonstrating the contamination was unknown and proving reasonable
actions were taken once it was discovered. If landowners meet these standards, they
can avoid being held financially responsible for environmental cleanup under CERCLA.
The defense aims to avoid penalizing innocent owners unaware of contamination when
they bought the property.