1 edition of Personal liability for environmental violations found in the catalog.
Personal liability for environmental violations
|Statement||chairmen, Jacob Friedlander, Terry M. Burt.|
|Series||Litigation and administrative practice series, Litigation course handbook series ;, no. 409|
|Contributions||Friedlander, Jacob., Burt, Terry M., Practising Law Institute.|
|LC Classifications||KF3775.Z9 P47 1991|
|The Physical Object|
|Pagination||408 p. ;|
|Number of Pages||408|
|LC Control Number||91060351|
(1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of five hundred dollars for the first violation. Environmental impairment liability (EIL) insurance was first introduced in and has been in constant evolution since. AIG insurance company introduced its private label version of environmental impairment liability insurance under their brand name "Pollution Legal Liability" in
The English Court of Chancery, on the other hand, offered some remedies that weren’t available in the common law courts. The English Court of Chancery was a court of “equity” rather than “law,” so its remedies were known as equitable remedies.. Even though modern courts may grant all the legal and equitable remedies recognized by the law, the terms are still used to distinguish types. Compensation and Liability Act (CERCLA), and the Toxic Substances Control Act largely dictate the confines of this body of law. This guide will discuss both bodies of law as “environmental law.” Environmental lawyers generally practice one or more of the following kinds of law: regulatory, transactional, litigation, or public policy Size: 2MB.
Define Environmental Liability. means any liability, contingent or otherwise (including any liability for damages, costs of environmental remediation, fines, penalties or indemnities), of the Borrower or any Subsidiary directly or indirectly resulting from or based upon (a) violation of any Environmental Law, (b) the generation, use, handling, transportation, storage, treatment or disposal of. Environmental violations may result in reactions by more than one governmental body under more than one provision of more than one statute. Since the environmental laws, generally, are framed for delegation to the states, there may be concurrent violations of both state and federal law.
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"Prepared for distribution at the Personal liability for environmental violations: avoiding and defending civil suits and criminal prosecutions program, April "--Page 5. "H" Description: pages ; 22 cm. Series Title: Litigation and administrative practice. While Morello narrowly avoided personal liability, courts may be more willing to impose personal liability on corporate officers for environmental violations when other factors justifying veil piercing are present.
This post was part of a multi-part series. Personal Liability for Environmental Violations (Part III) the court found that Kattula assumed personal liability for the corporate liabilities of these companies by personally paying $ million to one of the companies for environmental corrective actions.
but we wanted to highlight this case as an example of a situation where courts. The court also noted that the state Supreme Court had upheld the imposition of personal liability on corporate officers for environmental violations once before in a solid waste dumping case, but did not include a discussion of the personal liability theory (Connecticut Building Wrecking Co.
Carothers, Conn. ()). Often, "environmental liabilities" is used to refer to the potential for fines, penalties, and jail terms for violations of environmental laws. "Environmental liabilities" also frequently serves as short-hand to refer to the clean-up obligations under the federal Superfund and state counterpart laws for contaminated sites.
Because of regulators increasing willingness to try to impose direct personal Personal liability for environmental violations book on individual directors and officers for corporate violations – including for environmental violations – this case presents important implications for all individuals serving as directors and officers, not just those in.
The popularity of Limited Liability Companies ("LLCs") as a corporate form has made them an increasingly common entity in New Jersey. The growth of the LLC is occurring despite the lack of clear guidance on whether the members of the LLC may be held liable for environmental contamination on property owned by the LLC.
PERSONAL LIABILITY OF CORPORATE OFFICERS AND DIRECTORS. ASSOCIATED WITH YOUR COMPANY’S ENVIRONMENTAL ACTIVITIES. An Outline of Current Trends.
Presented by Kenneth Anspach. Natural Gas & LP Industry Litigation Conference, OctoChicago, Illinois. The issue of personal liability for corporate environmental wrongdoing.
Liabilities of Corporate Individuals for Environmental Claims Under CERCLA: The Current State of the Law and Strategies for Coping Geoffrey M. Dugan. Editors' Summary: The Superfund law already acts like a dragnet to sweep corporations into the net of liability.
Environmental law violations are acts in violation of federal environmental law. Criminal acts could include the discharge of a toxic substance into the air, water, or soil which pose a significant threat of harm to people, property, or the environment, including air pollution, water pollution, and illegal dumping.
CRIMINAL ENFORCEMENT OF ENVIRONMENTAL LAWS: A CORPORATE GUIDE TO AVOIDING LIABILITY. INTRODUCTION. Over the past several decades, the discovery of severe environ-mental damage caused by unregulated waste has become a wide-spread concern in Author: Sean J. Bellew, Daniel T.
Surtz. accepted for inclusion in Boston College Environmental Affairs Law Review by an authorized editor of Digital Commons @ Boston College Law School.
For more information, please [email protected] Recommended Citation David R. Rich,Personal Liability for Hazardous Waste Cleanup: An Examination of CERCLA Section13B.C. Envtl. Aff. Today, a comprehensive web of environmental laws regulate the use, disposal and remediation of hazardous materials.
This regulatory scheme includes federal laws (such as CERCLA, SARA, RCRA, the Clean Air Act, the Clean Water Act, and the National Environmental Policy Act) and a whole host of state statutes (including such California statutes as the Porter Cologne Water Quality Act, the.
Faculty Book Display Case by an authorized administrator of UNM Digital Repository. For more information, please [email protected] Recommended Citation Gerding, Erik.
"Directors Personal Liability for Corporate Fault in the United States."Directors' Personal Liability for Author: Erik F. Gerding. Potential purchasers of land that is known or thought to be contaminated with hazardous substances often ask whether they can shield their other corporate or personal assets from environmental liability and the expense of environmental investigation and possible clean up costs by arranging for the purchase to be made by an entity such as a subsidiary corporation or limited liability company.
A statute of limitations is a state law that sets a strict time limit on a plaintiff's right to file a lawsuit in civil court. When a plaintiff misses the cutoff, the defendant can. 10 For a review of corporate liability for environmental harm in a variety of other domestic jurisdictions see Ong,pp.
11 For an insight into the operation of the Act, see the USAuthor: Amanda Perry-Kessaris. As I have noted in prior posts (refer for example here), and as this lawsuit illustrates, corporate environmental liabilities can lead to director and officer liability exposures.
The typical D&O liability insurance policy will contain an exclusion for loss arising from claims for pollution and environmental liabilities. The limited liability form of corporate organization generally offers small businesses the favorable tax treatment of a sole proprietorship or partnership, along with protection from personal liability, up to a point.
That protection in Connecticut is far from bullet-proof when it comes to liability for environmental harms. In the 11th Circuit’s first occasion to address the meaning of the term “employer” under the Family and Medical Leave Act (FMLA or “the act”), the court held that individual liability does not exist under the act.
Wascura v. Carver, F.3d (11th Cir. In so holding, the Court of Appeals for the 11th Circuit set forth the first pronouncement by any circuit interpreting the. Although the Comprehensive Environmental Response, Compensation, and Liability Act of ("CERCLA") explicitly excludes contractors from the statute's strict liability scheme, CERCLA § authorizes a statutory cause of action against a contractor .Personal Liability for Environmental Contamination Within Limited Liability Companies The popularity of Limited Liability Companies ("LLCs") as a corporate form has made them an increasingly common entity in New Jersey.
The growth of the LLC is occurring despite the lack of clear guidance on whether the.Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 42 USC § et seq.
CERCLA is the primary federal statute imposing liability for the clean-up of hazardous substances. Liability may be imposed upon the current owner or operator of a facility, former owners and operators, any person who arranged for the disposal.