AAI Benefits: Innocent Landowner Defense

Tuesday, June 8, 2010 by August Mack Environmental, Inc.

An All Appropriate Inquiry (AAI) Phase One Environmental Site Assessment can provide CERCLA liability protection through the Innocent Landowner's Defense. The Innocent Landowner's Defense consists of three categories:

  • Despite AAI, did not know and had no reason to know the property was contaminated at the time of acquisition
  • Governmental entities that acquired the property through involuntary acquisition
  • Person who acquired through inheritance or bequest
To qualify, the innocent landowner must:
  • Conduct an All Appropriate Inquiry prior to acquiring the property, and
  • Comply with all Continuing Obligations after acquiring the property
For more information on environmental due diligence topics, click here to visit Cassie Anderson's blog.

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