The applicability of equitable defenses in private party Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) actions is discussed. The "caveat emptor" defense is available for courts to use at their discretion, and holding a purchaser responsible for the property he or she purchases is economically and equitably beneficial.
Michael A. O'Hara,
The Utilization of Caveat Emptor in CERCLA Private Party Cleanups,
56 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol56/iss1/7