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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Title: 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
Author: Smith, Diane R.; Nastich, Summer L.
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
URI: http://hdl.handle.net/1794/9186
Date: 2008


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