Rising Phoenix-Like from the Ashes: An Argument for Expanded Corporate Successor Liability under CERCLA

Sieving, Matt
August 2008
Ecology Law Quarterly;2008, Vol. 35 Issue 3, p427
Academic Journal
Despite the failure of Congress to explicitly provide for corporate successor liability in CERCLA, circuit courts have held that Congress did not intend to allow corporations to "evade their responsibility by dying paper deaths, only to rise phoenix-like from the ashes, transformed, but free of their former liabilities." The circuits are divided, however, as to when a company nominally reorganized but continuing its predecessor's line of business inherits also the predecessor's liability. This Note examines the case law surrounding one exception to the common law rule against successor liability and argues for expanded corporate successor liability as a means to encourage voluntary remediation by successor corporations.


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