Liabilities of Corporate Individuals for Environmental Claims Under CERCLA: The Current State of the Law and Strategies for Coping
Editors' Summary: The Superfund law already acts like a dragnet to sweep corporations into the net of liability. Now more and more individual officers, directors, employees, and shareholders find themselves caught up in the liability net as well, and such corporate individuals across the country wonder about the contours of Superfund liability and how to stay out of it.
In this Article, the author traces the erosion of the traditional "corporate veil" doctrines that shield individuals from the corporation's liability. He explores the court opinions and their rationales, first for civil liability and then for criminal liability. Finally, he outlines steps that can reduce the risk of CERCLA liability, including preventive measures, insurance, and indemnification from the corporation.