CERCLA & EPA's Eco-Communist Takeover Of USA Heartlands! Will Ohio Be Plundered By Eco-Thieves?
It's Looking Like An Orchestrated Attack On Farming & Business!
Video walkthrough now available HERE:
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”)
CERCLA was first enacted by Congress in 1980 and was further amended by the Superfund Amendments and Reauthorization Act in 1986 & Small Business Liability Relief and Brownfields Revitalization Act in 2001 (introduced the day before 9/11) which gave the Eco-Fascism its teeth.
CERCLA in the US Code: https://www.law.cornell.edu/uscode/text/42/9607
Windfall Liens
Enforcement Of Windfall Liens
EPA/ DOJ ‘Interim Enforcement Discretion Policy Concerning “Windfall Liens” Under Section 107(r) of CERCLA’ https://www.epa.gov/sites/default/files/2015-09/documents/interim-windfall-lien-ed2015.pdf
These examples demonstrate that the EPA really wants its clean up “windfalls” regardless of the actual price the property is sold at. Let’s look at the total cost of 4 different selling prices for a property with a fair market value of $2,000,000 with an attached $1,000,000 windfall lien from the eyes of the purchasing party’s total cost:
Clearly this will disincentivize anybody purchasing such properties without first negotiating the price downward to make the total cost (inclusive of the EPA lien) closer to the fair market value of the property. In our above scenario, a purchasing party not wanting to overpay the fair market value, would cap their offer to the owner at just 50% of the fair market value to account for the EPA’s windfall fine. Talk about throwing a wet blanket on the affected housing market!
Also, if the purchasing party believes the EPA might further clean a property and attach a new windfall lien in the future, they would presumably try to factor that into their purchasing decisions and any price they’d agree to.
Who Is Affected/ Not Affected?
The EPA’s page on Residential Property Owners and Lenders states:
The referenced memo can be found here: https://www.epa.gov/sites/default/files/documents/policy-owner-rpt.pdf Here are a few excerpts:
Not exactly reassuring how they are hedging their “assurances” so much!
Bank Immunity
Of course it seems the banks have unique liability protections:
Affected Groups
Three important groups are described in brief on the EPA webpage on All Appropriate Inquiries:
Innocent Landowners Defense
According to the EPA’s page on Third Party Defense/ Innocent Landowners:
“The 2002 CERCLA amendments clarified the “innocent landowner defense” to require the landowner to meet a set of continuing obligations similar to what is required of BFPPs.”
Contiguous Property Owners
According to the EPA page on Contiguous Property Owners:
Another page on EPA’s website includes a chart of the three classes of affected parties and for which group various obligations apply:
Very suspicious location for the toxic train crash, don’t you think?
Wow. Thanks.
The cost to clean up those contaminated sites is enormous. I can't see how it is fair for the Govt to have to eat it all if properties are sold under value. The EPA's $ is really our money, so in that respect, the taxpayers would be the ones getting ripped off if corporate entities swoop in and buy up the land for pennies on the dollar after it (theoretically) were to get cleaned up. There are exceptions for individual landowners. That said, the EPA fine schedule is out of whack and needs major adjustment. Why shouldn't N&S RR have to pay the cleanup cost recoupment fines *if* the properties are cleaned up (debatable if even possible for such a huge area) instead of the prospective buyers?