'Retroactive liability' is challenged; courts, Congress may curb CERCLA liability, but how far they go raises some concerns
Article Abstract:
The federal district court's decision in United States v. Olin Corp. that CERCLA did not have retroactive application for acts occurring before its 1980 passage dismayed the Department of Justice, who felt the ruling opposed judicial precedent. Environmental groups warned the ruling would cripple Superfund, a program which depended for its cleanup funds on monies collected from responsible parties through the laws retroactive application. The United States Court of Appeals for the 11th Circuit will hear the case Corporate positions on the outcome depend on factors such as the size of their Superfund taxes, also public perception and political factors which might follow the elimination of retroactive liability.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Parent, successor CERCLA issues divide courts; courts still weigh Superfund liability of parent, successors, limited partners and lenders
Article Abstract:
Several judicial decisions and one piece Superfund has been an important topic in 1997, with several cases and one law in which CERCLA will affect corporate governance. The 6th US Circuit Court of Appeals held in U.S. v. Cordova Chemical Co. that parent corporations only had environmental liability for subsidiary actions if formal veil-piercing according to state incorporation law had taken place. Other issues include what environmental liability knowledge is needed to impose CERCLA liability and the liability of limited partners.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Justices forestall business liabilities; court rules against imposition of retroactive liability and CERCLA obligations of parent companies
Article Abstract:
The business decision with the most potential importance of the Supreme Court's 1997-98 term was Eastern Enterprises v. Apfel, in which the court invalidated as unconstitutionally retroactive as applied to the particular objector a law which required present and former coal mine operators to provide retired miners and their widows with lifetime health benefits, a law imposing only civil obligations. The impact of CERCLA was limited in U.S. v. Bestfoods, other business cases treated antitrust and copyright.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Insurance may cover lawsuits over patents; courts are split on whether insurers have a duty to defend. No suit means no duty to defend or indemnify; California courts use literalist apporach to determine whether insurer's obligation kicks in
- Abstracts: The welfare challenge; states face tough choices and lawsuits under new act. Excuses, excuses: any old facially neutral reason may be enough to defeat an attack on a peremptory challenge
- Abstracts: A procedural focus on unlimited shareholder liability. General principles of company law for transition economies
- Abstracts: When bites are worse than barks; courts differ on when use of police dogs constitutes unreasonable force. First amendment in your face: aggressive demonstrations are no more than free speech in action
- Abstracts: Spreading God's word on the job; courts are asked to decide when religious expression amounts to harassment. Job exclusion policies OK under ADA; history of substance abuse can lead to disqualification