To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide a specific definition of the requirement that a purchaser of real property make all appropriate inquiry into the previous ownership and uses of the real property in order to qualify for the "innocent landowner" defense.
Innocent Landowner Defense Amendment of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act to create a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained a Phase I Environmental Audit (i.e., an investigation of the property, conducted by environmental professionals, to determine the obviousness of the presence or likely presence of a release or threatened release of hazardous substances, including a review of specified records of the previous ownership and use of such property).
Specifies that no such presumption shall arise: (1) unless the defendant has maintained a compilation of the information reviewed in the course of the Audit; and (2) if the Audit discloses the presence or likely presence of a release or threatened release of hazardous substances on the property to be acquired, unless the defendant has taken reasonable steps to confirm the absence of such release or threatened release.
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E648)
Referred to the Committee on Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Commerce, Trade, and Hazardous Materials.
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