Debbie recently purchased some property that she knew used to be home to a chemical plant 50 years ago. The plant was removed 30 years ago. Today the property is full of trees and the stream running through it is clear and looks clean, but Debbie did not commission any environmental testing to confirm this fact. Last month the EPA determined that her property, as well as several neighboring properties, is contaminated. The EPA placed the entire site on the National Priorities List for cleanup. Discuss Debbie's potential liability for the contamination caused by the hazardous waste.
What will be an ideal response?
Debbie was aware of the chemical plant, so she should have made reasonable inquiries into the property and conducted an environmental survey to check for contaminants before purchase. If this had been done, there would have been a defense to liability. Since no survey was done, she is not completely shielded from liability. She did not further contaminate the property or dispose of hazardous waste on the site, so she is therefore probably not liable as a principally responsible party.
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