Under CERCLA, owners of real property generally are liable for the cost of addressing onsite contamination ______________.

• A. Not liable
• B. Regardless of fault
• C. Only if negligent
• D. Proportionate

Answer: (B)

CERCLA uses strict liability for cleanup costs, so owners of real property are responsible for addressing on-site contamination even if they did not cause it and were not negligent. The law aims to ensure prompt and thorough cleanup by making those who own, operate, or arranged for disposal of hazardous substances liable, often sharing responsibility among multiple parties. While there are limited defenses in specific situations (such as meeting certain due-care requirements and inquiries before acquiring property), the default rule is liability regardless of fault. This reflects why the correct understanding is that liability applies regardless of fault.