Infiltration of enterprise theory into environmental jurisprudence
Article Abstract:
Courts have not expressly adopted enterprise liability theory in finding parent corporations liable for the environmental harms caused by their subsidiaries, but they are willing to find parent corporations liable when control is established. Review of Comprehensive Environmental Response, Compensation, Liability Act (CERCLA) case law suggests that courts are rejecting limited liability and entity theories that have often shielded parent corporations. Courts are not imposing absolute liability on parent corporations, but they are finding parents to be operators under CERCLA.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1997
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Environmental law - FIFRA after Wisconsin Public Intervenor v. Mortier: what next?
Article Abstract:
The Supreme Court has further limited the power of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by ruling that the act does not preempt local governmental regulation of pesticide use. This decisions allows local governments across the nation to pass whatever laws pertaining to pesticides they see fit. The agriculture industry could be severely burdened by the decision. FIFRA should be amended so that it preempts local laws pertaining to pesticides. Uniform regulation concerning this topic is essential for the agriculture industry.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1992
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