CERCLA arranger liability in the Eighth Circuit: United States v. TIC Industries
Article Abstract:
The US Court of Appeals for the 8th Circuit ruled in United States v. TIC Investment Corp. that a corporate officer could have CERCLA liability for a corporation's hazardous waste disposal and that a parent corporation could hold such liability for its subsidiary's hazardous waste disposal practices. The court erred, however, in the liability standard it applied to the officer's involvement, using an authority to control standard for CERCLA arranger liability.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1997
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Governmental liability under CERCLA
Article Abstract:
Federal, state, and local governments should generally be liable under CERCLA 107 and 113(f) to the same degree that other parties, including corporations and individual employees, are. However, states or local governments are exempted from liability under these sections of CERCLA under certain conditions. The 11th Amendment also provides state governments immunity from suits under these CERCLA sections in federal courts.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
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