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MMLU / An owner of land entered into a month-to-month lease with a chemical company. At…

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question

An owner of land entered into a month-to-month lease with a chemical company. At first, the company stored raw materials and finished products on the leased land. Later, the company began recycling chemical waste at the property. There was a substantial release of toxic chemicals into the environment. The EPA ordered a clean-up of the property against the owner and the chemical company. The landowner defended the proceedings, claiming it did not know what the chemical company was doing. What will the court decide?

choices

  1. The landowner is responsible under federal law regardless of whether it had knowledge or participated in the release of hazardous substances.
  2. The court dismissed the action against the owner because federal law does not include innocent landowners in the regulatory scheme.
  3. The court dismissed the action because liability for environmental hazards cannot be imposed simply because the owner has a contractual relationship with the offending tenant.
  4. The court imposed liability on the landowner because he had a duty to inspect the property to determine what the tenant was doing there.

subject

professional_law

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