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.

Keywords

Strict liability

292

Views

144

Downloads

Share

Authors

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

Download

Issue

Publication details

Dates

Licence

All rights reserved

Peer Review

This article has not been peer reviewed.

File Checksums (MD5)

  • pdf: eb007cacdd7593326c9684605036c79d