Liability under CERCLA is '___________'

Liability under CERCLA is '___________'

• A. Joint and several
• B. Proportional
• C. Absolute
• D. Strict

Answer: (D)

CERCLA imposes strict liability for cleanup costs, meaning responsible parties can be held financially responsible without proving they were negligent or intended to pollute. The goal is to ensure prompt and comprehensive cleanup by allocating the costs to those who contributed to the contamination, regardless of fault. You can still have defenses, such as the innocent landowner or bona fide prospective purchaser defenses, if you meet specific criteria, but simply showing fault isn’t required for liability. While liability can involve multiple parties sharing the costs (joint and several liability), the governing standard is still strict liability. The other options imply fault-based or proportional liability, which is not how CERCLA liability is defined.

CERCLA imposes strict liability for cleanup costs, meaning responsible parties can be held financially responsible without proving they were negligent or intended to pollute. The goal is to ensure prompt and comprehensive cleanup by allocating the costs to those who contributed to the contamination, regardless of fault. You can still have defenses, such as the innocent landowner or bona fide prospective purchaser defenses, if you meet specific criteria, but simply showing fault isn’t required for liability. While liability can involve multiple parties sharing the costs (joint and several liability), the governing standard is still strict liability. The other options imply fault-based or proportional liability, which is not how CERCLA liability is defined.