CERCLA Defendants: The Problem of Expanding Liability and Diminishing Defenses

Abstract

The Article will first explore the various actions that expose a party to CERCLA liability. Second, this paper will examine the extent of the potential liability. Third, the statutory affirmative defenses that a defendant may assert will be investigated. Finally, the ability of a defendant to decrease any damage awards against him, through apportionment, will be explored.

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Strict liability

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Cynthia S. Korhonen (Washington University School of Law)
Mark W. Smith (Washington University School of Law)

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