[20020306]RS21167_《超级基金法》中的“无辜土地所有者”和“潜在购买者”.pdf

1 42 U.S.C. 9601-9675.2 The actual phrase “innocent landowner” is not used in CERCLA.3 Pub. Law No. 107-118 (H.R. 2869).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21167March 6, 2002“Innocent Landowners” and “ProspectivePurchasers” in the Superfund ActRobert MeltzLegislative AttorneyAmerican Law DivisionSummaryThe Superfund Act contains several devices that eliminate the liability or reduce thetransaction costs normally incurred under the Act by persons that acquire contaminatedland. This report focuses on three of them, two addressed in the recently enactedbrownfields law (P.L. 107-118). The first device is the innocent-landowner defense,available to persons who acquire land after the hazardous substance is put there, and who(among other things) find no contamination before acquisition despite “all appropriateinquiry.” The second device allows use of innocent-landowner status as a basis for earlyde minimis settlement with EPA. The third exempts the “bona fide prospectivepurchaser” from “owner” and “operator” liability despite pre-acquisition awareness ofcontamination on the property, if certain conditions ar