"Innocent Landowners" and "Prospective Purchasers" in the Superfund Act

Description

The Superfund Act contains several devices that eliminate the liability or reduce the transaction costs normally incurred under the Act by persons that acquire contaminated land. This report focuses on three of them, two addressed in the recently enacted brownfields law (P.L. 107-118). The first device is the innocent-landowner defense, available to persons who acquire land after the hazardous substance is put there, and who (among other things) find no contamination before acquisition despite “all appropriate inquiry.” The second device allows use of innocent-landowner status as a basis for early de minimis settlement with EPA. The third exempts the “bona ... continued below

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6 pages.

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Meltz, Robert March 6, 2002.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by UNT Libraries Government Documents Department to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 139 times . More information about this report can be viewed below.

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Description

The Superfund Act contains several devices that eliminate the liability or reduce the transaction costs normally incurred under the Act by persons that acquire contaminated land. This report focuses on three of them, two addressed in the recently enacted brownfields law (P.L. 107-118). The first device is the innocent-landowner defense, available to persons who acquire land after the hazardous substance is put there, and who (among other things) find no contamination before acquisition despite “all appropriate inquiry.” The second device allows use of innocent-landowner status as a basis for early de minimis settlement with EPA. The third exempts the “bona fide prospective purchaser” from “owner” and “operator” liability despite pre-acquisition awareness of contamination on the property, if certain conditions are met.

Physical Description

6 pages.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1970's through the present--covering a variety of topics from agriculture to foreign policy to welfare.

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Creation Date

  • March 6, 2002

Added to The UNT Digital Library

  • June 12, 2005, 4:56 a.m.

Description Last Updated

  • Feb. 10, 2017, 12:54 p.m.

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Meltz, Robert. "Innocent Landowners" and "Prospective Purchasers" in the Superfund Act, report, March 6, 2002; Washington D.C.. (digital.library.unt.edu/ark:/67531/metacrs3392/: accessed June 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.