Section 7 Operator Liability

• Library: Environmental Law 2007 Supp

The liability exemptions from SBLRBRA regarding contiguous properties and bona fide prospective purchasers apply to operator liability as well as owner liability. See §9.6 of this supplement.

CERCLA does not change or alter the principle of corporate law that a parent is not generally liable for the actions of
its subsidiaries unless the corporate veil is pierced. But a parent corporation may be directly liable as an operator if the parent exerts sufficient control over the facility itself. United States v. Bestfoods, 524 U.S. 51, 64–65 (1998). Bestfoods vacated United States v. Cordova Chemical Co. of Michigan, 113...