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.

Administration of Air and Water Resource and Solid Waste Management Programs, Environmental Programs, United States, Laws, regulations and rules, Subsidiary corporations, Subsidiaries, Liability for environmental damages, Limited liability, Environmental policy, Disregard of corporate entity, Disregarding corporate entity

---

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.

Exclusive and concurrent legislative powers, Preemption (Legislative power), Pesticides, Environmental law, Case Note

---

Similar abstracts:

• Abstracts: Integrating corporate law principles with CERCLA liability for environmental hazards. UNOCAL fifteen years later (and what we can do about it)
• Abstracts: Judicial interpretation of state constitutional rights to a healthful environment. The Endangered Species Act: what do we mean by species?
• Abstracts: The D.C. Circuit's use of the Chevron test: constructing a positive theory of judicial obedience and disobedience
• Abstracts: Lender liability: evaluating risk under CERCLA and the security interest exemption. EPA's CERCLA lender liability proposal: secured creditors "hit the jackpot."
• Abstracts: Searching for "bubbles of capitalism": application of the U.S. antidumping and countervailing duty laws to reforming nonmarket economies

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.