Environmental Issues

Question 1

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Answer 1

The law that was enacted by congress in 1980 in response to the environmental and public health hazards imposed by improper disposition of hazardous waste

Question 2

Innocent-Purchaser Defense

Answer 2

A defense to owner liability under CERCLA when a landowner can demonstrate that at the time of acquisition there was “no reason to know” that the property was contaminated

Question 3

Joint and Several Liability

Answer 3

Enforceable on the makers as a group and upon each maker individually

Question 4

Phase One Environmental Analysis

Answer 4

First phase of an environmental assessment; a review by professionals who have expertise in evaluating presence of hazards

Question 5

Property Assessment

Answer 5

A site analysis of the site and surrounding properties for indications of environmental hazards

Question 6

Retroactive Liability

Answer 6

A property owner can be responsible for actions years earlier than passage of CERCLA regardless of whether the prior actions were standard practices of the time or had received approval

Question 7

Strict Liability

Answer 7

CERCLA laws apply regardless of whether the intent to pollute or knowledge of the situation was present

Question 8

Superfund

Answer 8

Also known as CERCLA, it was created to provide the authority and a source of funding for cleaning up hazardous materials released into the environment

Question 9

Superfund Amendments and Reauthorization Act (SARA)

Answer 9

Contains provisions defining who is liable to pay for the cleanup of contamination caused by past activites

Question 10

Unending Liability

Answer 10

Liability for a problem on a site does not end with transfer of property, but extends as long as the problem exists