Section 9601(35)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may amend the traditional classes of liable parties, holding responsible intermediate land-owners who convey properties without disclosing their knowledge of contamination. To date, however, courts have failed to settle on whether § 9601(35)(C) constitutes a new and independent basis for liability. This Note provides a discussion of the current status of the law on intermediate landowner liability, presents four scenarios in which the lack of consistency in judicial interpretation of § 9601(35)(C) results in mischievous land transfers, and finally, suggests that courts should use the section as an independent basis for intermediate owner liability to achieve the policy goals of CERCLA.
Christine A. Yost,
Liability Under CERCLA § 9601 (35)(C ) for Intermediate Landowners Who Discover Contamination, Do Not Disclose, and Sell to Innocent Buyers,
B.C. Envtl. Aff. L. Rev.