Direct Liability for Hazardous Substance Cleanups Under CERCLA: A Comprehensive Approach

Research output: Contribution to journalArticle

Abstract

In enacting the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Congress intended to impose liability for hazardous substance cleanups on all parties responsible for a site's use and contamination. However, in implementing the CERCLA liability scheme, courts have issued opinions offering unclear and misguided explanations of their decisions. The author suggests that, to properly assure CERCLA's proper operation, the basis for the imposition of liability must be clarified. To this end, the author examines the prescribed liability for individuals, parent corporations and secured creditors and explains the appropriate grounds for the responsibility of each.

Original languageAmerican English
Pages (from-to)65-146
JournalCase Western Reserve law review
Volume42
Issue number1
StatePublished - Jan 1 1992

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