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Strict liability of individuals under CERCLA: a normative analysis

Article Abstract:

CERCLA is based on strict liability, but courts have been holding corporate officers and shareholders liable under the act when they meet traditional standards of negligence. However, CERCLA's language does not allow for consideration of culpability, and the courts' statements could be extended to apply strict liability to individuals. Instead, individual liability should be based on traditional principles of liability rather than CERCLA's strict liability regime.

Author: Oswald, Lynda J.
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1993
Stockholders, Corporate officers

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Eco-industrial development and the Resource Conservation and Recovery Act: examining the barrier presumption

Article Abstract:

The Resource Conservation and Recovery Act of 1976 is often seen as hurting the changes of eco-industrial programs to achieve pollution reduction or prevention. However, this is not the case. RCRA's provisions apply only to hazardous wastes and may not affect the kind of closed-loop process that eco-industrial programs utilize

Author: Lown, Jo Jeanne
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2003
Legal issues & crime, Government regulation (cont), Government regulation, Legal/Government Regulation, Prevention, Pollution, Recycling (Waste, etc.), Recycling, Industrial ecology

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Putting the remedial cart before the statutory horse: the Ninth Circuit reopens debate on CERCLA's definition of disposal

Article Abstract:

The article reviews the decision of the United States Court of Appeals for the 9th Circuit in Carson Harbor Village Ltd. v. Unocal Corp. The court decided that the passive movement of waste could be defined as "disposal" under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

Author: Schechner, Ranen
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2001
United States, Environmental remediation

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Subjects list: Laws, regulations and rules, Strict liability, Hazardous wastes
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