Liability is STRICT (no fault needed), JOINT & SEVERAL (any one party can owe all), RETROACTIVE
Before you read
Test yourself first: 5 questions
Question 1 of 5
A company buys an old dry-cleaner site. To preserve an 'innocent landowner' defense under CERCLA, before closing it should:
Answer: B. The innocent-landowner defense requires ALL APPROPRIATE INQUIRY before purchase — satisfied by a Phase I ESA (records + site reconnaissance). Deeds and disclaimers cannot shed Superfund's strict, joint-and-several, retroactive liability.
Question 2 of 5
Federal Superfund (CERCLA) liability for cleaning up hazardous contamination can fall on:
Answer: A. CERCLA imposes strict, joint, and retroactive liability on a chain of potentially responsible parties; an 'innocent landowner' defense requires due-diligence inquiry before buying.
Question 3 of 5
The acronym CERCLA, the federal law governing cleanup of hazardous waste sites, stands for the:
Answer: B. CERCLA is the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly known as Superfund.
Question 4 of 5
CERCLA is most commonly known by what nickname?
Answer: C. CERCLA created a trust fund to pay for cleanup of abandoned hazardous waste sites, giving rise to the popular name 'Superfund.'
Question 5 of 5
Liability for cleanup costs under CERCLA is described as 'strict, joint and several, and retroactive.' What does 'strict liability' mean in this context?
Answer: B. Strict liability under CERCLA means a potentially responsible party can be held liable for cleanup even without proof of negligence or intent.
Keep the streak going with more questions like these, each with a full rationale.
Must-know rules
- Federal cleanup law for contaminated sites (Superfund)
- Liability is STRICT (no fault needed), JOINT & SEVERAL (any one party can owe all), RETROACTIVE
- Current AND past owners can be liable
- Innocent landowner defense: did ALL appropriate inquiry (Phase I ESA) before buying
- Phase I = records/site review; Phase II = testing; Phase III = cleanup
CERCLA — Superfund Liability: FAQs
Is CERCLA — Superfund Liability on the real estate exam?
Yes. Disclosures & Environmental is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
