Appendix D: Environmental Laws Potentially Applicable to Franchises

• Author: Ryan Elliott and Kristin Watt
• Pages: 365-368

365

This appendix highlights federal environmental laws of potential primary concern

to franchises. The list of environmental laws and their applicability to the busi‑

nesses/activities described herein are very fact dependent and this list is certainly

not exhaustive. Franchisors should consider each historic and future intended

use of the property to determine potential environmental law application. This

appendix does not address state or local laws that may be more stringent than

federal environmental laws.

Abbreviation /

Cit at ion (s)

Title of Law Brief Summa ry

CERCLA (42

U.S.C.§§ 9601–9675)

Comprehensive Environmen-

tal Response, Compensation,

and Liability Act

Designed to remedy environmental

hazards by imposing strict liability

on owners or operators of property

where hazardous substances have

been disposed of, released, or where

there is a threatened release of haz-

ardous substances

Appendix D

Environmental Laws Potentially

Applicable to Franchises

Ryan Elliott* and Kristin Watt**

*Ryan D. Elliott, B.A., Miami University (2005); J.D., Capital University Law School

(2010); member of the Ohio bar since 2010; Associate, Vorys, Sater, Seymour and Pease

LLP, Columbus, Ohio.

**Kristin L. Watt, B.S.B.A., The Ohio State University (1986); J.D., The Moritz College

of Law, Ohio State University (1989); member of the Ohio bar since 1989; Partner, Vorys,

Sater, Seymour and Pease LLP, Columbus, Ohio.

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