Superfund Protection for Land Buyers Proposed

Purchasers of old industrial land could get protection from Superfund liability at these sites under a rule proposed last week by EPA. The rule would require buyers of potentially contaminated property to inquire into the previous ownership, uses, and environmental conditions of the land. If they follow prescribed steps, EPA would not sue the new landowners under the federal Superfund law if contamination is later found at the site. However, failure to detect contamination before buying the land does not exempt an owner from the obligation to clean up pollution discovered after the purchase, EPA says. According to the agency, the proposed rule would encourage cleanup and redevelopment of old industrial sites. EPA was required to issue the proposal under a 2002 law that eased Superfund liability for contamination in certain situations (C&EN, Jan. 7, 2002, page 9).