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Corporate officer liability

New Jersey Department of Environmental Protection v. Navillus Group

A New Jersey appellate court, in an unpublished opinion, reversed and remanded portions of a lower court summary judgment against a corporation, its principal, and a general partnership for costs related to remediation of the site of a...

People v. Roscoe

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...

Commissioner v. RLG, Inc.

The court holds that the sole officer and shareholder of a company is not personally liable for the company's environmental violations under the "responsible corporate officer" doctrine. Case law requires some evidence of knowledge,...

Bedford Affiliates v. Sills

The court holds that a landowner that is a potentially responsible party (PRP) under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) cannot maintain a §107(a) action against another PRP, but can...

United States v. High Point Chem. Corp.

The court holds that the federal government alleged sufficient facts in its pleadings to show that a nonpolluting corporation and an officer could be held liable as operators under Comprehensive Environmental Response, Compensation, and...

Truck Components Inc. v. Beatrice Co.

The court holds that a Wisconsin ironworks company cannot sue its former parent corporation for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup costs resulting from actions the ironworks company...

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...

United States v. WRW Corp.

The court holds three officers and directors of a dissolved corporation, all of whom have been criminally prosecuted and one of whom is bankrupt, personally liable for a civil penalty assessed against the corporation for violations of...