C. (§7.6) Defenses to Liability
There are statutory defenses to liability under CERCLA when, for example, the release is caused by war, an act of God, or certain acts or omissions of third parties, or some combination of the foregoing. CERCLA § 107(b), 42 U.S.C. § 9607(b). The defense for acts or omissions of third parties is a limited one, and there are also certain exceptions to liability under CERCLA that must be examined to determine the extent to which available defenses can successfully be applied. One such exception regards the innocent landowner defense, which is predicated, in part, on the concept of appropriate inquiry. CERCLA §§ 107(b)(3) and 101(35), 42 U.S.C. §§ 9607(b)(3) and 9601(35). See also 54 Fed. Reg. 34,235 (1989). The AAI (All Appropriate Inquiries) is essentially a process of evaluating a property’s environmental conditions and assessing the likelihood of any contamination. The AAI Final Rule provides that the ASTM International standard, E1527-13, is consistent with the requirements of the final rule and...
