Trustee Liability Under CERCLA

August 1994
Citation:
24
ELR 10479
Issue
8
Author
F. James Handley

Trustees face possible liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because, as holders of legal title to property, they may be "owners" or "operators" of CERCLA facilities. Although CERCLA does not expressly address trustee liability and the U.S. Environmental Protection Agency, except for a brief mention in the preamble to its lender liability rule, has not formally addressed the subject, common-law trust principles support finding trustees liable for CERCLA damages in certain situations. This Dialogue examines the scope of trustee liability and the extent to which a trustee's personal assets may be exposed in cases where the trust is liable.

The author is an attorney in the U.S. Environmental Protection Agency's (EPA's) Office of Enforcement and Compliance Assurance. The views expressed are solely those of the author and do not necessarily reflect those of EPA or the U.S. government. Mr. Handley holds an LL.M. in environmental law from George Washington University, a J.D. from the University of Houston, and a Bachelor of Chemical Engineering from the University of Delaware.

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Trustee Liability Under CERCLA

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