Journal of Environmental Law & Litigation : Vol. 23, no. 2 (Fall 2008)
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Browsing Journal of Environmental Law & Litigation : Vol. 23, no. 2 (Fall 2008) by Author "Smith, Diane R."
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Item Open Access Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 401-432 : Can You Trust a Trust? The Potential CERCLA Liability of Trustees and Beneficiaries(University of Oregon School of Law, 2008) Smith, Diane R.; Nastich, Summer L.This Article addresses the question of under what circumstances, if any, can trustees and/or beneficiaries be held liable as owners? This question is crucial because owners are strictly liable under the Superfund Law, the Comprehensive Environmental Response Compensation, and Liability Act of 1980 (CERCLA). Other questions addressed in this Article include: If the beneficiary or trustee is potentially liable, is such liability personal or limited to trust assets? What steps can be taken to reduce or eliminate exposure of the trust assets and the beneficiary and/or trustee's own personal assets to clean-up liability? What potential defenses are available to trustees and beneficiaries?