• Login
    View Item 
    •   Home
    • Yale
    • Yale Journal on Regulation
    • View Item
    •   Home
    • Yale
    • Yale Journal on Regulation
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Seeing the Forest for the Trees in CERCLA Liability

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    17_10YaleJonReg493_1993_.pdf
    Size:
    3.803Mb
    Format:
    PDF
    Download
    Author
    Strasser, Kurt
    Rodosevich, Denise
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/7891
    Abstract
    The determination of CERCLA liability for corporate subsidiaries, individual corporate actors, lenders, and others who do not actually own or operate a hazardous waste site has proven to be a particularly vexing problem. Cases dealing with these categories of individuals or companies present different fact patterns and have, for the most part, each been subject to a separate analysis for liability. Thus, for example, one finds that cases involving corporate actor liability are based on the case law concerning corporate actors, and cases involving lender liability are based on the case law for this category of individual or institution. The result is a confusing array of separate liability rules for corporate subsidiaries, individual corporate actors, lenders, and other involved parties. By surveying all these categories of liability cases, the authors demonstrate that the confusion is replaced by the revelation that general liability principles, do, in fact, exist. First, CERCLA liability extends to those who directly manage the general business operations. Second, liability will reach all those who assume and exercise responsibility for handling hazardous substances. Analyzing the case law from the standpoint of these two principles will demystify the subject of CERCLA liability and provide greater certainty for all parties who face the potential risk of liability under the statute.
    Collections
    Yale Journal on Regulation

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.