In order to qualify for the Innocent Landowner's Defense, the property owner had to have made '_______________' about the property prior to acquisition.

In order to qualify for the Innocent Landowner's Defense, the property owner had to have made '_______________' about the property prior to acquisition.

• A. Phase I reports
• B. Environmental impact statements
• C. All appropriate inquiries
• D. Title searches

Answer: (C)

All Appropriate Inquiries is the requirement for the Innocent Landowner Defense. To qualify, a property owner must have completed a process evaluating the property’s environmental condition before acquiring it, to identify potential contamination and assess risk. This obligation is set by CERCLA and codified in the EPA’s All Appropriate Inquiries rule, which typically guides the use of a Phase I Environmental Site Assessment conducted according to applicable ASTM standards. The defense hinges on having performed All Appropriate Inquiries, not just individual tasks. A Phase I report is part of the inquiry process, but the defense requires the broader All Appropriate Inquiries; Environmental Impact Statements relate to NEPA and aren’t the same, and title searches address ownership rather than environmental conditions.

All Appropriate Inquiries is the requirement for the Innocent Landowner Defense. To qualify, a property owner must have completed a process evaluating the property’s environmental condition before acquiring it, to identify potential contamination and assess risk. This obligation is set by CERCLA and codified in the EPA’s All Appropriate Inquiries rule, which typically guides the use of a Phase I Environmental Site Assessment conducted according to applicable ASTM standards. The defense hinges on having performed All Appropriate Inquiries, not just individual tasks. A Phase I report is part of the inquiry process, but the defense requires the broader All Appropriate Inquiries; Environmental Impact Statements relate to NEPA and aren’t the same, and title searches address ownership rather than environmental conditions.