Below is information about CORPORATE OFFICER LIABILITY CERCLA from a variety of sources. Please take a look at the materials that our team has selected for you.
https://corporate.findlaw.com/law-library/cercla-successor-liability-theories-of-liability.html
Liability for Successor Corporation or Business Entity. Under CERCLA, the definition of a "person" who may be held responsible for the costs of remediation at a site includes an individual, a business entity, an association or a government entity. Specifically, a "person" is defined under CERCLA to include corporations. 42 U.S.C. §9601(21).
https://corporate.findlaw.com/law-library/indirect-owner-operator-liability-under-cercla.html
CERCLA's language supports the view that corporations may be held liable for the acts of subsidiary and sister corporations, notwithstanding the traditional rule of limited liability in the corporate context. CERCLA states that an "operator" …
https://uknowledge.uky.edu/jnrel/vol9/iss2/22/
Stevens, Clay M. (1994) "Corporate Officer Liability as an "Operator" under CERCLA: The Kelley v. Tiscornia Analysis," Journal of Natural Resources & Environmental Law : Vol. 9 : Iss.
https://www.jstor.org/stable/43292365
1 999] CORPORA TE OFFICER AS CERCLA OPERA TOR 52 1 liable lifts the financial burden from the backs of taxpayers, thereby generating public support for CERCLA's oft-heard battle cry: "Let the polluter pay!"9 CERCLA's groundbreaking remedial approach and noble goals have, however, been relegated to statutory language disdained by
https://www.anspachlawoffice.com/personal-liability-of-coporate-officers-and-directors-associated-with-your-companys-environmental-activities/
Under the “authority to control” test, courts determining a corporate officer’s CERCLA liability consider the officer’s authority or capacity to control the activities of the corporation, particularly those relating to the operation of the facility. 79 Whereas the test for actual control, when properly articulated and applied, is simply a restatement of the corporate …
https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=2763&context=vlr
CERCLA LIABILITY. I. INTRODUCTION. U . NDER the Comprehensive Environmental Response, Com-pensation and Liability Act of 1980 (CERCLA),' liability is. strict, 2. joint and several. 3 . CERCLA has been interpreted by some. courts as imposing liability on officers, directors and stockholders of responsible corporations to an extent not usually seen in other
https://www.anspachlawoffice.com/wp-content/uploads/2021/02/Personal_Liabilty_of_Corporate_Officers_and_Directors.pdf
considered whether corporate officers and directors could be held liable under Section 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. section 9607(a) for response costs for cleanup of hazardous substances released by …
http://northwesternlawreview.org/wp-content/uploads/2020/02/86NwULRev2591991-1992.pdf
If mere status as a corporate owner or officer were sufficient to sup- port individual liability under CERCLA, the statute would indeed con- stitute a major departure from traditional doctrine and a significant expansion in potential liability for corporate actors.
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1912&context=ndlr
mental Response, Compensation, and Liability Act (CERCLA),' courts often ignore the fundamental corporate law principle of limited liability provided to corporate officers, directors, and shareholders. Under CER- CLA § 107(a) (3), a party …
https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1098&context=chtlj
CRIMINAL LIABILITY UNDER CERCLA ment was heightened in the late 1960's.4 In the early 1970's, the Love Canal tragedy5 focused national attention on the damage that occurs from exposure to hazardous substances. Contamination of
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