Asked by Cooper Lumsden on May 21, 2024
Verified
In United States v.Domenic Lombardi Realty,the case in the text,why did the court decide that Lombardi Realty could not use the innocent landowner defense?
A) Lombardi Realty contributed to the release of PCBs at the site.
B) Lombardi Realty acted in accordance with the environmental assessment it ordered.
C) Lombardi Reality did not pay fair market value for the property.
D) Lombardi Realty was not in immediate possession of the property.
Innocent Landowner Defense
A legal principle that allows property owners to avoid liability for contamination found on their property if they did not cause or contribute to the contamination.
PCBs
Polychlorinated biphenyls, a group of toxic chemical compounds that are environmentally dangerous and were widely used in electrical equipment before being banned.
- Understand judicial rulings associated with environmental legislation.
Verified Answer
BD
Bhavin DholakiaMay 26, 2024
Final Answer :
A
Explanation :
The court held that the defendant could not use the innocent landowner defense because it (1)contributed to the release of PCBs at the site, (2)had reason to know that the property was contaminated, (3)failed to take appropriate inquiry steps,and (4)failed to exercise due care when the contamination was discovered.
Learning Objectives
- Understand judicial rulings associated with environmental legislation.