Under CERCLA, owners of real property are generally liable for the cost of addressing onsite contamination regardless of fault. Which party does this describe?

• A. Property owners
• B. Tenants
• C. Adjacent property owners
• D. Manufacturers

Answer: (A)

Under CERCLA, cleanup liability is strict and attaches to those connected to a contaminated site, especially the person who owns the real property where the contamination occurred. This means property owners are generally responsible for paying the costs to address onsite contamination even if they did not cause the release or know about it. There is an innocent landowner defense if the owner performed all appropriate inquiries before acquiring the property and had no knowledge of contamination. While tenants or adjacent property owners aren’t automatically liable just by tenancy or proximity, and manufacturers can be liable only if they are responsible parties for the release, the situation described points to property owners.