• Ignorance Does Not Excuse CERCLA Liability
  • December 16, 2013
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • For those familiar with the strict liability rubric that is the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), it will come as no surprise that ignorance is no defense to liability. However, those less familiar may be surprised to find that a real property owner can be held strictly liable for environmental contamination emanating from their property that they may have never known about. In City of Banning v. Bureau (“Banning”), No. 12-cv-0043 (C.D. Cal. Nov. 18, 2013), a district court reaffirmed long standing strict liability principles in CERCLA and found an ignorant real property owner strictly liable for environmental contamination emanating from her real property.