WHO CONDUCTS “ALL APPROPRIATE INQUIRY” UNDER THE NEW BROWNFIELDS LAW?
Subtitle B of Title II of the Brownfields Law revises some of the provisions of CERCLA Section 101(35) clarifying the requirements necessary to establish the innocent landowner defense under CERCLA in addition to providing Superfund liability limitations for bona fide prospective purchasers and contiguous property owners. Among the requirements added to CERCLA is the requirement that such parties undertake “all appropriate inquiry” into prior ownership and use of a property at the time at which a party acquires the property. • Bona fide prospective purchasers who buy property after January 11, 2002 must perform all appropriate inquiry prior to purchase and may buy knowing, or having reason to know, of contamination on the property while still enjoying the limitation on liability provided by the new definition. • Contiguous property owners whose property is not the source of the contamination, but is “contiguous” to a facility that is the source of contamination found on their property
