Jump to Navigation
Jump to Content

People v. Roscoe

ELR Citation: 39 ELR 20004
Nos. No. C055801, (Cal. App. 3d Dist., 12/26/2008)

A California appellate court held that a lower court properly applied the responsible corporate officer doctrine to hold the corporate officers of an entity that owned an underground storage tank personally liable for violations of the state's tank laws governing the underground storage of hazardous substances. The responsible corporate officer doctrine applies to California Health and Safety Code §25299(a)(6) of the tank laws and, thus, subjects to liability as an "operator" a corporate officer who has "a responsible share in the furtherance of the transaction which the statute outlaws," even where the corporation itself is also found to be the operator.