To avoid the potentially staggering environmental cleanup liabilities under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the Oregon cleanup statute, a prospective landowner or tenant must have conducted all appropriate inquiries (“AAI”) into the previous ownership and uses of the property consistent with good commercial or customary practice. Because the Oregon cleanup statute is modeled after CERCLA, complying with the federal requirement on AAI is an acceptable practice. This inquiry is commonly recognized as part of the due diligence that is carried out before entering into a real property transaction.

Click here to read the full article.