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
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Date
2008
Authors
Smith, Diane R.
Nastich, Summer L.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
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?
Description
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
Keywords
Trustee liability, CERCLA
Citation
23 J. ENVTL. L. & LITIG. 401 (2008)