(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?
