The social importance and immense costs of pollution make environmental law an ideal arena for reconsidering theories of limited liability for tort. This article examines the question in the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA).1 Part I reviews the text and legislative history of the Act. Part II analyzes the CERCLA case law on the liability of controlling persons, especially those involving parent corporations. Part III discusses the general theory of limited liability and its exceptions. Part IV applies this general theory to CERCLA and finds that its special features call for distinctive approaches. Part V advocates an approach to controlling person liability that furthers the purposes of the Act without impairing other important policies.
Pollution, Limited Liability, Comprehensive Environmental Response, Compensation, and Liability Act
Place of Original Publication
Wake Forest Law Review
26 Wake Forest Law Review 151 (1991)
Dent, George W., "Limited Liability in Environmental Law" (1991). Faculty Publications. 334.