Corporate officer liability
So Sue Me: Common Contractual Provisions and Their Role in Allocating Environmental Liability
Editors' Summary: Under CERCLA, a liable party cannot transfer its liability, yet it can contractually arrange for a third party to ultimately bear the financial burden of that liability. The applicability of these contractual...
Criminal Enforcement of Environmental Laws: Part II
Editors' Summary: In this second of a three-part series, the authors examine the knowledge element in environmental crimes. They point out that while mens rea—or "guilty knowledge"—is a required element of most criminal offenses, a...
The Present Use of the Responsible Corporate Officer Doctrine in the Criminal Enforcement of Environmental Laws
Editors' Summary: The responsible corporate officer doctrine establishes that individuals, including management of a legal entity, may be prosecuted as "persons" within the meaning of several federal environmental statutes, if the...
The Responsible Corporate Officer Doctrine in RCRA Criminal Enforcement: What You Don't Know Can Hurt You
Editors' Summary: EPA and the Department of Justice are aggressively enforcing the criminal provisions of federal environmental laws. Companies and their officers are subject to large fines and jail terms if convicted. Corporate...
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