Corporate Officer Liability Cercla

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Liability of Corporate Officers Under CERCLA: An Ounce of ...

https://elr.info/sites/default/files/articles/20.10377.htm

In the case of corporate officers, the issue is often whether an officer is an "owner or operator" under CERCLA § 107(a)(2). 18 However, CERCLA's definition of "owner or operator" is not illuminating. 19 Courts have broadly construed this phrase in other contexts to include states, 20 banks, 21 and parent corporations. 22 To promote its remedial purpose, the decisions on corporate officer liability have generally followed this pattern of liberally interpreting the ambiguous terms in CERCLA.

The Corporate Officer as CERCLA Operator

https://www.jstor.org/stable/43292365

CERCLA's "broad remedial goals" and a resulting expansion of the scope of CERCLA liability.13 In the corporate arena, the trend toward expanding liability has seen parent corporations, lenders, and other corporate actors, such as individual officers, directors, and managers, subjected to varying

Officer and Shareholder Liability Under CERCLA: United ...

http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1313&context=law_urbanlaw

EPA that CERCLA imposes liability on any individual who makes decisions regarding toxic waste disposal. 3 The Eighth Circuit af-firmed, holding that Lee's personal activity with NEPACCO, not his status as a corporate officer and shareholder, rendered him liable.14 The common law provides two means of holding corporate owners

Indirect Owner/Operator Liability Under CERCLA - FindLaw

https://corporate.findlaw.com/law-library/indirect-owner-operator-liability-under-cercla.html

Jan 11, 2018 · 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" is a potentially liable party, 42 U.S.C. §9607(a)(4).

Strict Liability of Individuals Under CERCLA: A Normative ...

http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1436&context=ealr

1993] STRICT LIABILITY UNDER CERCLA 581 bility provisions, corporate officers5 and shareholders6 may be sub jected to liability for the CERCLA violations of their corporations in a far wider set of circumstances than corporate law doctrine contemplates.7 They worry that case law under CERCLA …

CERCLA Successor Liability: Theories of Liability - FindLaw

https://corporate.findlaw.com/law-library/cercla-successor-liability-theories-of-liability.html

Jan 17, 2018 · 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).

Direct Liability as an Arranger under CERCLA #107(a)(3 ...

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 may be liable for cleanup costs pertaining to aAuthor: Lance A. Lawson

Liabilities of Corporate Individuals for Environmental ...

https://elr.info/sites/default/files/articles/23.10074.htm

Most of the CERCLA decisions relating to corporate individuals have imposed personal liability where a corporate officer, director, employee, or shareholder takes part in, directs, or authorizes the disposal of hazardous waste. This is not inconsistent with the traditional common-law rule described above.

CERCLA Arranger Liability: INTRODUCTION

https://www.aepronet.org/wp-content/uploads/2014/03/PN-Vol.-7-No.-2.-April-1994-CERCLA-Arranger-Liability-Emerging-Risk-for-Environmental-Consultants.pdf

Construction of CERCLA to impose liability upon only the corporation and not the individual corporate officers and employees who are responsible for making corporate decisions about the handling and disposal of hazardous substances would open an enormous, and clearly unintended, loophole in the statutory scheme.33

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