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A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
Seattle University Law Review
Because the cost and incidence of hazardous waste contamination are soaring and because the courts favor broad interpretations of CERCLA's liability provisions, counsel for prospective purchasers of commercial real estate must take certain prepurchase precautions to minimize potential CERCLA liability. This Comment pro- vides practical suggestions as to the aim and form of those precautions. In Part II, this Comment first examines the basic statutory framework and liability scheme of CERCLA. Part III discusses the common law principles of successor liability and their relation to CERCLA's liability mechanism. Finally, in Part IV, this Comment presents a variety of preventive law …